California Court of Appeal affirms Summary Judgment for our client in Disability Discrimination/Failure to Accommodate Case

By: ja, January 4, 2010


On December 30, 2009, the California Court of Appeal, Fourth Appellate District, affirmed an award of Summary Judgment we obtained for our client in 2008.  On appeal, in Hunter v. Rite Aid (Case No. E047552 — not cited for publication), the Court agreed with the trial court that since Plaintiff admitted he was an underperforming employee, he could not meet the prima facie showing that he was qualified for the job or performing it competently as required by Guz v. Bechtel.

Furthermore, the Court agreed, as a matter of law, that Rite Aid afforded Plaintiff reasonable accommodations for his injured pinky, including medical leave, assistance from other employees and nonphysical work assignments.   Also, since Plaintiff did not request any further accommodations, Rite Aid, as a matter of law, complied with its good faith interactive process obligations.

Read the opinion HERE.

Leave a Reply:

XHTML: You can use these tags: