GREEN v. STATE

No. S137770.

64 Cal.Rptr.3d 390 (2007)

42 Cal.4th 254

165 P.3d 118

Dwight D. GREEN, Plaintiff and Appellant, v. STATE of California, Defendant and Appellant.

Supreme Court of California.

August 23, 2007.


Attorney(s) appearing for the Case

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Jacob A. Appelsmith, Assistant Attorney General, Elizabeth Hong, Vincent J. Scally, Jr., Silvia M. Diaz and Michelle Logan-Stern, Deputy Attorneys General, for Defendant and Appellant.

Paul, Hastings, Janofsky & Walker, Paul W. Crane, Jr., Katherine C. Huibonhoa and Jaime D. Byrnes, San Francisco, for Employers Group and California Employment Law Council as Amici Curiae on behalf of Defendant and Appellant.

Pine & Pine, Norman Pine, Beverly Tillett Pine, Sherman Oaks; Law Offices of David H. Greenberg and David H. Greenberg, Beverly Hills, for Plaintiff and Appellant.

Claudia Center, Lewis Bossing and Elizabeth Kristen, San Francisco, for Legal Aid Society-Employment Law Center, Disability Rights Advocates, Disability Rights Education and Defense Fund and The Disability Rights Legal Center as Amici Curiae on behalf of Plaintiff and Appellant.

Law Office of Jeffrey K. Winikow and Jeffrey K. Winikow, Los Angeles, for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiff and Appellant.


CHIN, J.

The Americans with Disabilities Act (ADA) requires that plaintiffs prove they are "qualified individuals" under the statute, i.e., that they have the ability to perform a job's essential duties before they can prevail in a lawsuit for discrimination. (42 U.S.C. § 12112(a).) Although California's Fair Employment and Housing Act (Gov.Code, § 12900 et seq. (FEHA))1 does not...

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