PLAINTIFFS ALLEGING DISABILITY DISCRIMINATION MUST PROVE THEY CAN PERFORM THE ESSENTIAL FUNCTIONS OF THE JOB

Bringing California law into line with the federal Americans with Disabilities Act, the California Supreme Court ruled in Green v. State of California, S 137770 (Aug. 23, 2007) that the California Fair Employment and Housing Act ("FEHA") requires plaintiffs alleging disability discrimination to prove that they are "qualified individuals," capable of performing the essential functions of a position.

Background

Green was a long-term employee at a State correctional facility. He was diagnosed with Hepatitis C in 1990, but was not subject to any work restrictions and did not lose any time at work until 1997. At that time, he underwent Interferon treatment, and the employer accommodated him. In 2000, after an unrelated back injury resulting in light duty and then leave, Green was denied the opportunity to return to work. He filed a claim of discrimination with the Department of Fair Employment and Housing, followed by a complaint in superior court alleging disability discrimination. The trial resulted in a jury verdict for the plaintiff. The court of appeal affirmed, ruling that under the FEHA, the employer must prove that a plaintiff cannot perform the essential functions of his job.

What The Court Decided

The Supreme Court disagreed with the court of appeal, and ruled that the plaintiff in a disability discrimination case must prove that he is a qualified individual under the FEHA, that is, capable of performing the essential duties of the job, either with or without reasonable accommodation, as part of his case establishing that an employer has unlawfully discriminated on the basis of disability. This burden of proof allocation is in line with the ADA's prohibition on discrimination against "a qualified individual with a disability," and reflects the California Legislature's intention to conform the FEHA to the ADA. In addition, this ruling is consistent with the general rule that a party must prove each fact essential to the claim for relief being asserted.

What Does This Mean for Employers?

Green makes it clear that if a plaintiff alleging disability discrimination under the FEHA cannot prove that he/she can perform the essential duties of the position with or without reasonable accommodation, the claim fails as a matter of law. Accordingly, employers may now be able to move for summary judgment in more disability cases, and potentially dispose of disability claims without having to go to trial.