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Case Name | Colmenares vs. Braemar Country Club | |
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Date | 02/20/2003 | |
Note | Under FEHA, as contrasted with ADA, plaintiff need show only 1) physiological disease or condition affecting a body system; 2) that limits ability to engage in major life activity. | |
Citation | 29 Cal.4th 1019 | |
WCC Citation | WCC 29462003 CA |
FRANCISCO COLMENARES, Plaintiff and Appellant, v. BRAEMAR COUNTRY CLUB, INC. , Defendant and Respondent. In 1997, defendant Braemar Country Club (Braemar) terminated plaintiff Francisco Colmenares, who had been in its employ for 25 years. In 1972, plaintiff Colmenares began working for defendant Braemar as a general laborer. In July 1997, Braemar reassigned Colmenares from supervising a course maintenance crew to supervising a clubhouse construction project that involved heavy labor. Braemar moved for summary judgment on the ground that Colmenares had no "legally cognizable disability" because his back condition did not "substantially" limit a major life activity.
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