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Case Name | Josephs v. Pacific Bell | |
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Date | 04/10/2006 | |
Note | Evidence supports the judgment that the employer perceived the employee as disabled. | |
Citation | 443 F.3d 1050 | |
WCC Citation | WCC 31532006 CA |
OPINION In this appeal we must resolve issues arising from the employment discrimination action brought against Pacific Bell Telephone Company (PacBell) by a former service technician, Joshua Liam Josephs. Josephs' immediate supervisor at PacBell, Steve Maches, testified at trial that during the suspension he had recommended Josephs be restored to his position because Josephs was performing well and would probably be an asset to Pac-Bell. Did Pacific Bell regard plaintiff as having a mental disorder at the time of his termination or non-reinstatement?Did Pacific Bell regard plaintiff as having a long-term mental disorder which substantially limited his ability to work in a broad range of jobs?Did Pacific Bell refuse to agree to reinstate plaintiff in the grievance settlement process because of his regarded as disability?
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