California law has not (yet) recognized weight as a protected category along with race, gender, gender identity, religion, sexual orientation, medical condition, and many others. However, more than 25 years ago, the California Supreme Court held that an overweight employee could qualify as a “disabled” under California’s Fair Employment and Housing Act (FEHA) — and,… Read More
Posts Tagged With: ADA
California Court Issues First-Ever Ruling Recognizing Associational Disability Discrimination
The California Court of Appeals has, for the first time ever, held that healthy employees without any disability — but who are “associated” with a disabled person who needs their assistance — are protected under California’s disability discrimination law. Thus, as a result of this decision, California employers are now obligated to engage in the… Read More
Medical Marijuana Use Not Protected by ADA
The Ninth Circuit Court of Appeals has ruled in James v. City of Costa Mesa that an individual who is discriminated against because of his use of medical marijuana – even if lawful in his home state – has no claim under the federal Americans with Disabilities Act (ADA). The Court reasoned that the ADA… Read More
