Denial of Disability Retirement Payments Not an Adverse Employment Action

A California appeals court on Tuesday ruled that an employer denying a request for disability retirement benefits is not an adverse employment action under the state's Fair Employment and Housing Act. "Disability retirement payments do not facilitate a qualified employee’s continued employment, job performance or opportunity for advancement," the 6th District Court of Appeal said. "To the contrary, they serve as income replacement for employees who can no longer work. We hold that an individual who is not a qualified employee cannot bring a disability discrimination c...