Disabled As A Matter Of Law.

Minutes before a scheduled surgery to repair an umbilical hernia, plaintiff’s operation  was abruptly canceled by the anesthesiologist because she was HIV-positive, and the doctor was concerned for his own safety as well as the safety of the operating room staff. When her primary care physician scheduled the surgery, he had informed the surgeon that the woman was HIV-positive. The woman brought an action against the doctor for disability discrimination in violation of the Unruh Civil Rights Act [Civil Code section 51] and the Confidentiality of Medical Information Act [CMIA; Civil Code section 56]. The trial court granted the doctor’s motion for summary adjudication of the CMIA claim and a jury found she is not disabled within the meaning of the Unruh Civil Rights Act. The appellate court held the trial court correctly granted the doctor’s summary adjudication motion “because [the woman] did not disclose any individually identifying medical information.” But the appellate court reversed judgment for the doctor on the Unruh Act violation, concluding the trial court erred in permitting a jury to decide whether or not the woman was disabled, noting she was disabled as a matter of law under Government Code section 12926.1, subsection (c). Maureen K. v. Tuschka (Cal. App. Second Dist., Div. 5; April 17, 2013) 215 Cal.App.4th 519.