Employment Law Blog

Filter: Gov. Code § 12940

The California Fair Employment and Housing Act (“FEHA”) requires employers to reasonably accommodate their employees’ known disabilities and to engage in a “timely, good faith, interactive process” in order to determine effective reasonable accommodations. Government Code section 12940, subd. (m), (n).

Establishing Discriminatory Motive

California has adopted the three-stage burden-shifting test established by the United States Supreme Court in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 for trying claims of discrimination. Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 354. The so-called “McDonnell Douglas” test “reflects the principle that direct evidence of intentional discrimination is rare, and that such claims must usually be proved circumstantially.” Id. The first step in the test is for Gonzales to establish a prima facie case of discrimination. The particular elements of a prima facie case “may vary depending on the particular facts.” Id.

September 9, 2011

#Caldwell v. Paramount Unified School Dist. #Gelfo v. Lockheed Martin Corp. #Gov. Code § 12940 #Gov. Code § 12940 (n) #Gov. Code §12940(m) #Guz v. Bechtel Nat. Inc. #McDonnell Douglas Corp. v. Green #Phillip v. Mayo Clinic Arizona #Poland v. Chertoff #Price v. McDonald’s Corp. #St. Mary’s Honor Ctr. v. Hicks #West v. Bechtel Corp.