Totally but Temporarily Disabled Worker Denied Additional Leave Could Pursue Disability Discrimination Claim, California Court Rules

An employee who was discharged after seeking an extension of his leave of absence was a qualified individual entitled to proceed with his disability discrimination claim under the California Fair Employment and Housing Act, even though he was totally disabled while on leave, where leave may be a reasonable accommodation of his temporary disability, the California Court of Appeal has ruled. Prock v. Tamura Corp. of Am., No. E054185 (Cal. Ct. App. Jan. 25, 2013) (unpublished). The Court found the employee’s receipt of disability benefits did not bar his claims where he also asserted he could have returned to work if given additional leave. It also found the employer failed to engage in the interactive process when the employee requested an extension of his leave. The Court reversed summary judgment in favor of the employer and returned to case to the trial court.