Spitzer

Susan Spitzer appeals from the grant of summary judgment for respondent The Good Guys, Inc., her employer, in her suit alleging disability discrimination and retaliation under the Fair Employment and Housing Act (FEHA). (Gov. Code, § 12940 et seq.) The trial court entered judgment for respondent on the basis of findings that it “reasonably accommodated” appellant’s disability and that no triable issue of material fact existed with respect to that issue or the elements of malice, oppression or fraud, which were essential to appellant’s claim for punitive damages. Additionally, with respect to appellant’s claim of retaliation, the court determined that appellant failed to exhaust administrative remedies and that this claim was therefore time-barred.

We find conflicts in the evidence as to whether respondent provided a reasonable accommodation and shall therefore reverse the judgment insofar as it relates to the cause of action alleging discrimination on that basis. However, we agree with the trial court that appellant’s claim of retaliation is time-barred and that, because there is no evidence respondent acted with malice, oppression or fraud, appellant’s claim for…