Category Archives: Cases to Avoid

Disability Discrimination Case – Summary Judgment Affirmed

by Greg Mullanax Posted on August 28, 2017

Here’s an interesting FEHA disability discrimination case in which the Ninth Circuit upheld the district court’s summary judgment dismissing the case. In this case there was no evidence that plaintiff’s disability was a substantial motivating reason for his termination. Plaintiff … Continue reading →

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ADHD Is Not A Disability Under ADA

by Greg Mullanax Posted on August 17, 2014

Those liberal judges on the Ninth Circuit Court of Appeals just decreed that ADHD is not a disability under the Americans with Disabilities Act. That’s important for FEHA lawyers because California courts often look to interpretations of the ADA by … Continue reading →

Posted in ADA, Cases to Avoid, Disability Discrimination | Comments Off

Failure to Perform Doesn’t Equal Discrimination

by Greg Mullanax Posted on June 6, 2014

I may be a bit naive—even after 21 years of practicing law—but I have a hunch that the last person an employer would target for unlawful race and ethnic origin discrimination would be the Director of Affirmative Action. Just a … Continue reading →

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“Volunteers” Are Not “Employees”

by Greg Mullanax Posted on July 26, 2013

I’m putting on my Heretic Hat again today because it seems pretty straightforward that “volunteers” are not “employees.” Especially when a person applies for a volunteer reserve officer position and the applicant acknowledges in writing that “As a member of the … Continue reading →

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With a Client Like This….

by Greg Mullanax Posted on January 1, 2013

There are some cases that simply should not be filed. And there are some cases that not only should not be filed, they should not be tried before a jury. And when those cases are tried before a jury with … Continue reading →

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McDonnell Douglas Burden-Shifting Test: Not for the Jury!

by Greg Mullanax Posted on August 22, 2012

In an unpublished decision in an age discrimination case filed under FEHA, California’s Second District Court of Appeals just affirmed what most employment law attorneys already know: the McDonnell Douglas burden-shifting test is to be used by the court in … Continue reading →

Posted in Age Discrimination, Cases to Avoid, FEHA | Leave a comment

This is Textbook: Cases Plaintiff’s Attorneys Should Avoid

by Greg Mullanax Posted on March 9, 2012

In an unpublished decision, the Fourth District Court of Appeals recently disposed of a case that probably should not have ever been on its docket. In Leuridan v. California Department of Corrections & Rehabilitation, plaintiff appealed from a summary judgment … Continue reading →

Posted in Cases to Avoid, FTEAR | Leave a comment

The FEHA Blog

Commentary on the FEHA – the California Fair Employment and Housing Act – from An Employee Rights Attorney's Point of View

Category Archives: Cases to Avoid

Disability Discrimination Case – Summary Judgment Affirmed

ADHD Is Not A Disability Under ADA

Failure to Perform Doesn’t Equal Discrimination

“Volunteers” Are Not “Employees”

With a Client Like This….

McDonnell Douglas Burden-Shifting Test: Not for the Jury!

This is Textbook: Cases Plaintiff’s Attorneys Should Avoid

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