Motion: by Defendant State Center Community College District for
Summary Judgment or, in the Alternative, Summary
Adjudication
Tentative Ruling:
To deny defendant’s motion in all respects. (Code Civ. Proc. § 437c.)
Explanation:
First Cause of Action: Defendant State Center Community College District (SCCCD) moves for summary adjudication of the first cause of action for disability or medical condition discrimination, arguing that plaintiff cannot meet her prima facie burden of showing that she was terminated because of her medical condition or disability.
FEHA provides, in relevant part, that it shall be an unlawful employment practice for an employer, because of the physical disability or medical condition of any person, to refuse to hire or employ the person or to bar or to discharge the person from employment. (Avila v. Continental Airlines, Inc. (2008) 165 Cal.App.4th 1237, 1246.) To establish a prima facie case for disparate treatment discrimination, plaintiff must show (1) she su
Hearing Date
October 30, 2020
Type
15 Unlimited - Other Employment
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Motion: by Defendant State Center Community College District for
Summary Judgment or, in the Alternative, Summary
Adjudication
Tentative Ruling:
To deny defendant’s motion in all respects. (Code Civ. Proc. § 437c.)
Explanation:
First Cause of Action: Defendant State Center Community College District (SCCCD) moves for summary adjudication of the first cause of action for disability or medical condition discrimination, arguing that plaintiff cannot meet her prima facie burden of showing that she was terminated because of her medical condition or disability.
FEHA provides, in relevant part, that it shall be an unlawful employment practice for an employer, because of the physical disability or medical condition of any person, to refuse to hire or employ the person or to bar or to discharge the person from employment. (Avila v. Continental Airlines, Inc. (2008) 165 Cal.App.4th 1237, 1246.) To establish a prima facie case for disparate treatment discrimination, plaintiff must show (1) she su