Hastings
Hastings v. Department of Corrections
Opinion
Opinion
Blease, J.
Plaintiff Walter W. Hastings appeals from the granting of a summary judgment in favor of defendant California Department of Corrections (CDC or Department) in his suit for discrimination on the basis of his physical disability in violation of the California Fair Employment and Housing Act (FEHA). (Gov. Code, § 12940 et seq.)
On appeal, plaintiff, a probationary candidate for correctional officer, disqualified by reason of knee injuries, contends he is entitled to reassignment to another position within the CDC, such as a data processor, as a reasonable accommodation for his physical disability.
We disagree because the FEHA, read in harmony with the civil service laws, requires accommodation only to a position within the same civil service classification for which he is a candidate. Because plaintiff seeks accommodation by reassignment to a different position within the CDC without complying with the civil service requirements for the position, his action must fail.
We will affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff applied for the position of correctional officer with the CDC. By letter dated January 25, 1995, the CDC gave him a conditional…