Can an employer discharge an employee with a disability even with reasonable accommodation?

California, United States of America


The following excerpt is from Villafana v. Cnty. of L. A., B246866 (Cal. App. 2014):

An employer is within its rights to "discharge an employee with a . . . disability when that employee is unable to perform the essential duties of the job even with reasonable accommodation." (Green v. State of California (2007) 42 Cal.4th 254, 257 (Green).) To raise a successful discrimination claim, "the plaintiff employee bears the burden of proving that he or she was able to do the job, with or without reasonable accommodation." (Id. at p. 262.) Unlike Cummings, supra, 11 Cal.App.4th 1383, here appellant's disability discrimination claim failed not just because he did not present

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