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Articles Posted in Discrimination - Disability

A Reasonable Accommodation May be Required Regardless of Whether an Employee is Found To Be 100% Disabled under the Workers Compensation System
Siegel LeWitter Malkani

Mr. Cuiellette was a police officer employed by the City of Los Angeles. Due to an on-the-job injury, he was no longer able to perform the duties of a field officer. He filed a workers compensation claim and was rated 100% disabled. The City reassigned him to a light duty desk job, which he could…

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Court of Appeals declares that an Employer can Fire its Employee for Threats or Violence against Co-Workers, even if the Cause of the Employee’s Conduct is due to her Mental Disability
Siegel LeWitter Malkani

Ms. Wills worked for Orange County and was terminated for violating the County’s policy against threatening conduct and/or violence in the workplace. Willis submitted evidence that her behavior in violation of the policy was due to a disability – her bipolar disorder. Wills also submitted evidence that the County was aware that she suffered from…

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Tough Love for Applicant with History of Drug Addiction: Ninth Circuit Approves One Strike Rule for Drug Testing
Siegel LeWitter Malkani

In a somewhat tortured opinion, the Ninth Circuit approved a one strike rule for drug testing of applicants to become longshore workers. In Lopez v. Pacific Maritime Association (9th Cir. Mar. 2, 2011) 636 F.3d 1197, Mr. Lopez applied to be a longshoreman in 1997, but was rejected because he failed the PMA’s mandatory drug…

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