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Case Name Schermerhorn v. Los Angeles Unified School Dist.
Date 09/19/2008
Note [Unpublished] LAUSD had notice of (1) Schermerhorn's medical release to return to work, (2) his desire to return to work, and (3) his disability, as expressed in the listed work restrictions. Nothing more was required to trigger LAUSD's duty to offer a reasonable accommodation.
Citation B196937
WCC Citation WCC 34272008 CA
Filed 9/19/08 Schermerhorn v. Los Angeles Unified School Dist. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE ROBERT SCHERMERHORN, Plaintiff and Respondent, v. LOS ANGELES UNIFIED SCHOOL DISTRICT, Defendant and Appellant. Defendant Los Angeles Unified School District (LAUSD) appeals from the judgment entered after a jury found that LAUSD failed to engage in a timely, good faith interactive process with plaintiff Robert Schermerhorn, an LAUSD employee with a physical disability, as required by Government Code section 12940, subdivision (n). Fischer told Schermerhorn that the decision on returning him to work was Dr. Bierer's to make, and he told Schermerhorn to meet again with Dr. Bierer, which Schermerhorn did. In January 2003, Schermerhorn again contacted Fischer, who said that he was waiting for Dr. Bierer to release Schermerhorn for work.

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