Lowry
Lowry v. Port San Luis Harbor Dist.
Opinion
Opinion
Baltodano, J.
Filed 2/26/
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
JOHN LOWRY, 2d Civ. No. B330631 (Super. Ct. No. 20CV-0337) Plaintiff and Appellant, (San Luis Obispo County)
v.
PORT SAN LUIS HARBOR
DISTRICT,
Defendant and Respondent.
The California Fair Employment and Housing Act (Gov. Code,1 § 12900 et seq.; FEHA) requires employers to hire and retain individuals with disabilities able to perform their essential duties with or without reasonable accommodations (“qualified employees”). FEHA also protects qualified employees from discriminatory adverse employment actions based on disability regarding the terms, conditions, and privileges of employment. (§§ 12920, 12921, 12940, subd. (a); see Miller v. Department of Corrections & Rehabilitation (2024) 105 Cal.App.5th 261, 280
1 All undesignated statutory references are to the Government Code. (Miller); Estrada v. City of Los Angeles (2013) 218 Cal.App.4th 143, 148.) Here we conclude that the denial of disability retirement payments is not an adverse employment action under FEHA. Disability retirement payments do not…