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CASSISTA v. COMMUNITY FOODS, INC.

Docket No. S028230.

5 Cal.4th 1050 (1993)

856 P.2d 1143

22 Cal. Rptr.2d 287

TONI LINDA CASSISTA, Plaintiff and Appellant, v. COMMUNITY FOODS, INC., et al., Defendants and Respondents.

Supreme Court of California.

September 2, 1993.

Attorney(s) appearing for the Case

COUNSEL

Robins, Kaplan, Miller & Ciresi and Stefanie M. Brown for Plaintiff and Appellant.

Joseph Posner, Pauline T. Kim, Jo Anne Frankfurt, John M. True III, Steven C. Owyang, Prudence Poppink, James F. Miller, Jr., Quackenbush & Quackenbush and William C. Quackenbush as Amici Curiae on behalf of Plaintiff and Appellant.

Grunsky, Ebey, Farrar & Howell, Frederick H. Ebey and Leslie J. Karst for Defendants and Respondents.

Paul, Hastings, Janofsky & Walker, Paul Grossman, Brobeck, Phleger & Harrison, Cecily A. Waterman, Thomas M. Peterson, Karen H. Peteros and Lucy C. Hodder as Amici Curiae on behalf of Defendants and Respondents.

Brad Seligman as Amicus Curiae.

OPINION

ARABIAN, J.

We granted review to consider whether the California Fair Employment and Housing Act (FEHA or Act) (Gov. Code, § 12900 et seq.) prohibits employment discrimination on the basis of a person's weight.1 We conclude that weight may qualify as a protected "handicap" or "disability" within the meaning of the FEHA if medical evidence demonstrates that it results from a physiological condition...

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