Is a failure to accommodate a disability claim closely related to an unlawful discharge claim?

California, United States of America


The following excerpt is from Furey v. Blockbuster, Inc., D049294 (Cal. App. 7/11/2007), D049294 (Cal. App. 2007):

Courts have recognized that failure to accommodate claims are closely related to unlawful discharge claims: "Often the two claims, are, from a practical standpoint, the same. For the consequence of the failure to accommodate is, as here, frequently an unlawful termination." (Humphrey v. Memorial Hospitals Association (9th Cir. 2001) 239 F.3d 1128, 1139.) There is often a causal link between a disability and the particular job performance problems that lead to adverse action against the employee. (Id. at pp. 1139-1140.)

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