California Department of Corrections v. State Personnel Board

Good Law
121 Cal. App. 4th 1601·18 Cal. Rptr. 3d 390·2004 Cal. App. LEXIS 1477·2004 Daily Journal DAR 11043·15 Am. Disabilities Cas. (BNA) 1709
Court of Appeal of CaliforniaSeptember 3, 2004C044329California6,456 words

Opinion

Opinion

Sims, J.

Real party in interest Dianna Henning, a public employee under the State Civil Service Act or SCSA (Gov. Code, § 18500 et seq.), sought from her employer, California Department of Corrections (CDC), reasonable accommodation of a disability (asthma). CDC denied her request for reasonable accommodation and instead medically demoted Henning. (§ 19253.5.) The State Personnel Board (SPB) issued a precedential decision in favor of Henning. (In re Henning (2001) SPB Dec. No. 01-01.) CDC filed a petition for writ of administrative mandamus. (Code Civ. Proc., § 1094.5.)

CDC appeals from the trial court judgment insofar as it denied CDC’s petition. CDC contends (1) SPB erroneously construed the medical demotion statute as imposing a requirement on the employer to engage the employee in an “interactive process,” and (2) SPB improperly concluded CDC had failed to engage adequately in an interactive process.

Henning cross-appeals from the trial court’s ruling that SPB erred in applying the current statutory definition of disability rather than the statutory definition in effect at the time of CDC’s actions with respect to Henning’s request for reasonable accommodation.

We shall…

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