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Case Name | Solorzano v. Imperial Toy Corp. | |
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Date | 06/30/2008 | |
Note | [Unpublished] The ADA's definition of 'disability' applies under the FEHA if it would result in 'broader protection.' Generally, the FEHA, as distinguished from the ADA, does not exclude all temporary, nonchronic impairments. | |
Citation | B195855 | |
WCC Citation | WCC 33892008 CA |
In October 2003, plaintiff Cecilia Solorzano commenced employment with defendant Imperial Toy Corporation. As to Imperial Toy, the Family Rights Act was inapplicable because Solorzano had not been employed there for more than 12 months. The FEHA claims and the wrongful termination claim against Imperial Toy failed because Solorzano did not have a physical disability. The question of whether Solorzano was disabled does not necessarily turn on whether Imperial Toy had full knowledge of her condition. But Imperial Toy did not establish that Barth knew about its contents before he chose Solorzano for termination.
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