Miller v. Cal. Dept. of Corrections and Rehabilitation CA4/2

I. INTRODUCTION

Plaintiff and appellant, Maria Miller, has been employed as a correctional officer

with the California Department of Corrections and Rehabilitation (CDCR) at the

California Institute for Women (CIW) since 2008. In 2016, she was injured as the result

of a slip and fall incident while working off-site in a temporary assignment assisting with

officer recruitment. In 2018, CDCR placed plaintiff on an unpaid leave of absence

shortly after her wage replacement benefits in the worker’s compensation system were

exhausted. Eventually, CDCR offered to medically demote1 plaintiff to an alternative

available position that would accommodate her work restrictions. However, plaintiff did

not accept the position offered, informed CDCR that she suffered from a previously

undisclosed mental disability that prevented her from returning to work while receiving

treatment, and has remained on an unpaid leave of absence since that time.

In 2020, plaintiff filed suit against CDCR under the California Fair Employment

and Housing Act (FEHA) (Gov. Code, § 12900, et seq.),2 alleging, in part, disability

discrimination, failure to accommodate, failure to engage in the interactive…