Employer May Distinguish Between Disability Caused Misconduct And Disability Under FEHA.

In Wills v. The Sup. Ct. of Orange County (Cal. App. Fourth Dist., Div. 3; April 13, 2011) (As Mod., May 12, 2011) 194 Cal.App.4th 312, [2011 DJDAR 5338], an employee of the Superior Court suffered from bipolar disorder. During a manic episode she threatened fellow employees and others. The Court discharged her for this conduct and she sued, claiming disability discrimination under the Fair Employment and Housing Act (Gov. Code §12940 ff.). The Court of Appeal affirmed the trial court’s grant of summary judgment in favor to the employer. In doing so, the court distinguished the disability, which might not be used to discharge the employee from her conduct which provided a valid basis for the action. The court refused to adopt a rule justifying her conduct because it was caused by her disability.