The Court of Appeal Determines that "Oops" is Not a Defense for an Employer in a Disabilit

The Second District Court of Appeal (California) has held that a mistaken application of a legitimate company policy can support a claim for disability discrimination under the Fair Employment and Housing Act. A lack of animus does not preclude liability for a disability discrimination claim. (See, Glynn v. Superior Court (Allergan), 2019 S.O.S. 3554.) In Glynn, the court determined that even assuming the mistakes were reasonable and made in good faith, a lack of animus does not preclude liability for a disability discrimination claim. (Wallace v. County of Stanislaus (2016) 245 Cal.App.4th 109, 115) The Glynn court thus concluded that the plaintiff employee provided direct evidence of disability discrimination—the defendant employer had terminated him because it mistakenly believed the plaintiff employee was totally disabled and unable to work. That was enough to defeat a motion for summary adjudication.


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