Wallace v. County of Stanislaus

POOCHIGIAN, J.,

Concurring. — I concur in the court’s opinion and judgment, but write separately to underscore an important limitation on the scope of Government Code1 section 12940’s definition of disability discrimination.

The court’s opinion expresses the following rule of law: “We conclude that where, as here, an employee is found to be able to safely perform the essential duties of the job, a plaintiff alleging disability discrimination can establish the requisite employer intent to discriminate by proving (1) the employer knew that plaintiff had a physical condition that limited a major…