What is the test for a claim of disability discrimination and harassment?

California, United States of America


The following excerpt is from Franco v. Otto Nemenz Int'l, Inc., B219350 (Cal. App. 2011):

Some of Plaintiffs causes of action contain an allegation of a hostile work environment. The alleged facts are not those of the pattern of continuous, severe and pervasive harassment necessary to establish such a cause of action. (See Mokler v. County of Orange (2007) 157 Cal.App.4th 121, 142-144.)

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D. Disability Discrimination and Harassment (5th through 9th causes of action)

Defendants met their initial burden of establishing plaintiff was terminated for a nondiscriminatory reason -- poor job performance. (Trop v. Sony Pictures Entertainment, Inc. (2005) 129 Cal.App.4th 1133, 1149.)

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