Scotch

Introduction

Carmine Scotch sued his former employer, The Art Institute of California— Orange County, Inc. (AIC), under the California Fair Employment and Housing Act, Government Code section 12900 et seq. (FEHA), alleging discrimination based on disability. Scotch alleged AIC violated the FEHA by reducing his employment status to part time because he was HIV positive, failing to make a reasonable accommodation, failing to engage in the required interactive process, failing to maintain a workplace free of discrimination, and retaliating against him. Scotch also alleged AIC constructively discharged him in violation of public policy.

We apply the standard set forth in Kelly v. Stamps.com Inc. (2005) 135 Cal.App.4th 1088 [ 38 Cal.Rptr.3d 240 ] (Kelly) for reviewing a judgment following the grant of a defendant employer’s motion for summary judgment in employment discrimination cases under the FEHA. We hold summary judgment was proper on Scotch’s claim for disability discrimination in violation of section 12940, subdivision (a) because Scotch did not meet his burden of presenting evidence that (1) AIC’s stated reason for the adverse employment decision was false or…