Week of August 20, 2007

"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