Ross v. County of RiversideAnnotate this Case
Christopher Ross appeals from a summary judgment granted in favor of the County of Riverside on Ross's claims for violation of Labor Code section 1102.5 and for violation of the provisions in the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.; FEHA) prohibiting disability discrimination, failure to reasonably accommodate, failure to engage in the interactive process, and failure to prevent disability discrimination. Ross worked for the County as a deputy district attorney. He sought an accommodation with his work schedule based on a concussion syndrome he was experiencing from previous work in the Military. Supervisors there did not oblige, and Ross sued for violations of the Labor Code section 1102.5, but it was determined he could not establish his claim for disability discrimination because he could not prove he could perform the essential functions of his job. He could not establish his claim for failure to provide a reasonable accommodation for the same reasons as well as because he could not prove he had any functional limitations requiring accommodation and his requested accommodation was not reasonable. He could not establish his claim for failure to engage in the interactive process because he did not interact in good faith. And, he could not establish his claim for failure to prevent disability discrimination because he could establish his claims for disability discrimination. Because the Court of Appeal concluded there were triable issues of material fact of the questions of whether Ross engaged in protected activity under Labor Code section 1102.5 and whether Ross had a physical disability under the FEHA, it reversed the judgment as to these claims and remanded the matter for further proceedings.