What are the elements of a disability discrimination claim?
California, United States of America
The following excerpt is from Russo v. Sanofi-Aventis, U.S., B246717 (Cal. App. 2014):
The essential elements of a disability discrimination claim are that the employee "(1) suffered from a disability, or was regarded as suffering from a disability; (2) could perform the essential duties of the job with or without reasonable accommodations, and (3) was subjected to an adverse employment action because of the disability or perceived disability." (Sandell v. Taylor-Listug, Inc. (2010) 188 Cal.App.4th 297, 310.)
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