National Law Review
7/1/2026

California Appellate Court Clarifies Standard for Knowledge of Employee’s Disability
Short summary
California appeals court ruled employers aren't liable for disability discrimination under FEHA if they lack actual knowledge of the employee's disability. Knowledge requires explicit disclosure or third-party notification; speculation by supervisors doesn't count. HR should ensure employment decisions have documented, non-disability reasons.
- •Employers have no FEHA liability for disability-related claims without actual knowledge of the disability
- •Knowledge must come directly from employee or third party—not supervisor speculation
- •Documented, non-disability reasons for employment actions protect the employer's legal defense
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