Real

Real v. City of Compton

Good Law
1999 Cal. App. LEXIS 732·73 Cal. App. 4th 1407·87 Cal. Rptr. 2d 531·99 Daily Journal DAR 8119·64 Cal. Comp. Cases 1052
Court of Appeal of CaliforniaAugust 9, 1999B123079California5,792 words

Opinion

Opinion

Epstein, J.

This case arises under the Americans with Disabilities Act of 1990 (ADA) ( 42 U.S.C. § 12101 et seq.), which prohibits discrimination against any qualified individual with a “disability” as that term is defined in the statute. In addition to protecting individuals who suffer from a disability, the ADA also protects those who have a record of disability, and those who are wrongly regarded as being disabled when they are not. The definition of disability under the ADA is specific: it requires an impairment that substantially limits a major life activity. To succeed in a claim under the ADA, a plaintiff must show that he or she suffers from a disability (real or perceived) that falls within the ambit of the statute — that is, one that substantially limits a major life activity.

In this case, the City of Compton (City) appeals from a judgment based on a jury finding that it perceived James Real, then a police officer employed by City, to be disabled within the meaning of the ADA. The appeal turns on whether Mr. Real proved that he was perceived to have an impairment that substantially limited a major life activity. Because there is no such evidence in the record, we conclude…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.