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Termination Action Fails, but Reasonable Accommodation Still in Play

By Jim Sams (Senior Editor)

Friday, December 19, 2008 | 0

An employer did not discriminate when it terminated a worker whose doctors said she was totally disabled, but it may have violated the Fair Employment and Housing Act before she was terminated by refusing to accommodate her fibromyalgia before she took medical leave, the 2nd District Court of Appeal ruled.The appellate court upheld a lower court ruling to dismiss those portions of the employee's complaint dealing with the termination, but upheld a portion of the complaint relating to her treatment at work before she was laid off.Case: Karen Withem v. Ron Rogers & Associates, B204034, 1...

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