Observation Is Not a Diagnoses: California Court Draws the Line on FEHA Disability Claims

Short summary

A California court ruled that an employer's observation of erratic behavior alone is insufficient to establish knowledge of a mental disability under FEHA; knowledge requires medical documentation or symptoms consistent only with disability. Employers should maintain clear disclosure policies and accessibility channels.

• •Erratic behavior observation is not enough to prove employer knowledge of mental disability
• •Knowledge requires medical documentation or symptoms uniquely consistent with disability
• •Employers should have clear policies encouraging voluntary disability disclosure

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