Legal Opinion
Green v. State
California Supreme Court
Decided August 23, 2007No. S137770PublishedCited by 117 opinions
1Opinion of the Court
Opinion
CHIN, J.
The Americans with Disabilities Act of 1990 (ADA; 42 U.S.C. § 12101 et seq.) requires that plaintiffs prove they are “qualified individuals” under the statute, i.e., that they have the ability to perform a job’s essential duties before they can prevail in a lawsuit for discrimination. (42 U.S.C. § 12112(a).) Although the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq. (FEHA))1 does not expressly include the term “qualified individual,” the question here is whether it includes a similar requirement. In 1997, a Court of Appeal held that it does. (Brundage…
2Cases cited22 opinions
- Cleveland v. Policy Management Systems Corp.Supreme Court of the United States · 1999
- Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
- Roger Monette and Doris Monette v. Electronic Data Systems CorporationCourt of Appeals for the Sixth Circuit · 1996
- David L. White v. York International CorporationCourt of Appeals for the Tenth Circuit · 1995
- Soule v. General Motors Corp.California Supreme Court · 1994
17 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- Bates v. United Parcel Service, Inc.Court of Appeals for the Ninth Circuit · 2007
- Department of Fair Employment & Housing v. Lucent Technologies, Inc.Court of Appeals for the Ninth Circuit · 2011
- Cynthia Lawler v. Montblanc North America, LLCCourt of Appeals for the Ninth Circuit · 2013
- Nadaf-Rahrov v. the Neiman Marcus Group, Inc.California Court of Appeal · 2008
- People v. GonzalezCalifornia Supreme Court · 2008
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