The Review · Case Index

California employment case index

Search every indexed California wrongful-termination and employment decision, or browse by subject area, statute, and decade — each summary source-verified against the published reporter.

The index

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Select any subject area, statute, or decade to filter the indexed decisions. Combine filters to narrow further.

Filtered by: Disability & Accommodation ×Gov. Code § 12926.1 ×FEHA — Gov. Code § 12940 ×Clear all

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Statute

2 cases

Miller v. CDCR (2024): Medical Demotion, Disability Retirement and the Interactive Process

September 6, 2024
A correctional officer with permanent physical restrictions wanted CDCR to file for industrial disability retirement on her behalf. CDCR instead offered a medical demotion to a personnel specialist position, which she declined after disclosing a new mental health condition that kept her off work entirely. Division Two affirmed summary judgment on all five FEHA counts and held that a PERS disability retirement is not a reasonable accommodation – because it is a separation from employment, while every statutory example of accommodation aims at returning the employee to work. The medical demotion CDCR did offer, which carries a right of reinstatement if the condition improves, was treated as the accommodation FEHA required on this record.

Cassista v. Community Foods: Weight as a FEHA Disability

September 2, 1993
A 305-pound applicant rejected by a Santa Cruz health food collective sued under the FEHA, alleging she was regarded as physically handicapped because of her weight. The California Supreme Court held that weight may qualify as a protected disability only where medical evidence shows it results from a physiological condition affecting a basic bodily system and limits a major life activity, and that this plaintiff – who maintained she was healthy and fit – had proved no such thing. Government Code section 12926.1 now names the case and disclaims several of its interpretations.
For practitioners

Practice guides

Each guide gathers and summarizes the controlling cases and authorities on a single question — a research starting point you can cite from.

Practice guideRetaliation under Lab. Code § 1102.5A practitioner’s synthesis of the controlling cases and authorities.Practice guideFEHA discrimination & the McDonnell Douglas testA practitioner’s synthesis of the controlling cases and authorities.Practice guideTermination in violation of public policyA practitioner’s synthesis of the controlling cases and authorities.Practice guideCompelling arbitration of FEHA claimsA practitioner’s synthesis of the controlling cases and authorities.Practice guideDisability discrimination & reasonable accommodationA practitioner’s synthesis of the controlling cases and authorities.Practice guideSexual harassment under FEHAA practitioner’s synthesis of the controlling cases and authorities.Practice guideOff-the-clock work & compensable hours workedA practitioner’s synthesis of the controlling cases and authorities.Practice guideMeal & rest breaks & premium payA practitioner’s synthesis of the controlling cases and authorities.Practice guideWage & hour class actions & PAGAA practitioner’s synthesis of the controlling cases and authorities.Practice guideIndependent-contractor misclassification & the ABC testA practitioner’s synthesis of the controlling cases and authorities.