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.

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4 cases

Green v. State of California

August 23, 2007
The employee bears the burden of proving he or she is a qualified individual under the FEHA — that is, able to perform the essential duties of the position with or without reasonable accommodation — just as the federal ADA requires; it is not the employer’s burden to disprove qualification.

Colmenares v. Braemar Country Club, Inc.

February 20, 2003
The FEHA requires only that a physiological disease or condition affecting a body system “limit” — not “substantially limit” — the plaintiff’s ability to participate in a major life activity, a standard broader than the federal ADA; the later Poppink Act merely clarified, and did not change, that existing “limits”…

Hill v. National Collegiate Athletic Assn.

January 28, 1994
A plaintiff asserting a state constitutional privacy claim must establish (1) a legally protected privacy interest, (2) a reasonable expectation of privacy under the circumstances, and (3) conduct constituting a serious invasion of privacy; the defendant may then prevail by showing legitimate, countervailing…

Lakin v. Watkins Associated Industries: Section 3291 Prejudgment Interest, Fee-Order Appealability, and No Interest on Punitives

December 16, 1993
In Lakin v. Watkins Associated Industries (1993) 6 Cal.4th 644, a unanimous California Supreme Court resolved three recurring procedural and damages questions: a postjudgment order denying discovery-sanction (cost-of-proof) attorney fees is separately appealable; a personal-injury plaintiff bears the burden of proving which portion of a general award is “damages for personal injury” before claiming Civil Code section 3291 prejudgment interest; and that interest never accrues on punitive damages. The court reversed the Court of Appeal and remanded.