"By barring discrimination on the basis of disability, while allowing employers to defend on grounds of inability to perform, the Legislature sought to overcome the then widespread assumption that disabled people had no place in the workplace. Now, by reading into FEHA a requirement that persons with disabilities must prove their ability to perform before they can complain of discrimination, the majority effectively endorses this legally discredited assumption. For this reason, I dissent."
Justice Kathryn M. Werdegar
Green v. State of California (Aug. 23, 2007, S137770)
dissent pp. 14-15
Read my summary of this case
About Me
- Pamela Fasick
- I am a member of the California bar who provides research and writing services to other attorneys on a contract basis. The vast majority of my work has been in civil litigation. As a result I'm interested in new developments in a broad range of subject areas and, of course, any changes in civil procedure.
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