Gonzalez

The California Department of Education (CDE) is required by state and federal disability statutes to make reasonable accommodation for the known physical or mental limitations of its employees who have a disability. This appeal concerns whether real party in interest, CDE, unlawfully discriminated against plaintiff, its employee, by terminating him for misconduct caused by a disability, to wit, alcoholism, without first affording “reasonable accommodation” for plaintiff’s alcoholism. Plaintiff’s termination was upheld by defendant State Personnel Board (Board).

In an administrative mandamus proceeding, the superior court concluded alcoholism is a disability under state law and that state law forbids termination for misconduct related to alcoholism without first reasonably accommodating the employee’s disability; the court further concluded that reasonable accommodation of alcoholism requires, at minimum, an opportunity for in-patient treatment. Since CDE had made no such accommodation, the superior court dismissed several charges of misconduct which the Board had sustained. The court found these charges were related to plaintiff’s alcoholism, and directed the Board to…