Legal Opinion
Caldera v. Dep't of Corr. & Rehab.
California Court of Appeal, 5th District
Decided July 9, 2018No. G053168PublishedCited by 27 opinions
1Opinion of the Court
MOORE, ACTING P. J.
*34Under the Fair Employment and Housing Act (FEHA), an employee with a disability can sue his or her employer and supervisors for disability harassment. ( Gov. Code, § 12940, subd. (j)(1).) The employee must prove the harassment was either severe or pervasive. ( Miller v. Department of Corrections (2005) 36 Cal.4th 446, 466, 30 Cal.Rptr.3d 797, 115 P.3d 77.)
Augustine Caldera is a correctional officer at a state prison. Officer Caldera stutters *266when he speaks. The prison's employees mocked or mimicked Caldera's stutter at least a dozen times over a period of about two years.…
2Cases cited23 opinions
- Soule v. General Motors Corp.California Supreme Court · 1994
- Foreman & Clark Corp. v. FallonCalifornia Supreme Court · 1971
- Hughes v. PairCalifornia Supreme Court · 2009
- Janken v. GM Hughes ElectronicsCalifornia Court of Appeal · 1996
- Mercer v. PerezCalifornia Supreme Court · 1968
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Conservatorship of the Pers. v. K.P., California Court of Appeal, 5th District2019
- Stokes v. Muschinske, California Court of Appeal, 5th District2019
- Argueta v. Worldwide Flight Services, Inc.California Court of Appeal · 2023
- Cagno v. Supreme Mortgage Lending, Inc.District Court, N.D. California · 2025
- Caldera v. Dept. of Corrections & RehabilitationCalifornia Court of Appeal · 2020
22 more not listed; retrieve them via the Exa API.