Labor/Employment
Mar. 8, 2016
Proving disability discrimination in California
In an action for disability discrimination based on a failure to accommodate, California law does not require the employee to prove that the employer's adverse employment action was motivated by animosity or ill will against the employee. By Amy Semmel
Amy Semmel
Amy is an arbitrator, mediator and discovery referee for employment and commercial litigation matters. She is available through the AAA and privately. She wishes to thank Arbitrator Dana Welch for sharing her practical insights.
In an action for disability discrimination based on a failure to accommodate, California law does not require the employee to prove that the employer's adverse employment action was motivated by animosity or ill will against the employee. The employer's failure or refusal to provide a reasonable accommodation itself constitutes direct evidence of discrimination based on disability and establishes a causal connection between ...
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