Swenson

Appellant County of Los Angeles appeals from a judgment under the Fair Employment and Housing Act (Gov.Code, § 12900 et seq.; FEHA). [1] A jury determined that appellant discriminated against respondent Stanley Swenson, Jr., M.D. because of his mental disability. The principal issue is the meaning in FEHA of "mental disability" in the context of employment. Appellant argues the term has the same meaning as it does in the Americans With Disabilities Act ( 42 U.S.C. § 12101 et seq.; ADA). The trial court refused a proposed jury instruction that was based on the ADA definition of "mental disability." We conclude the trial judge was correct in refusing this instruction because the California definition of "mental disability" is different from the ADA definition. We affirm the judgment.

Dr. Swenson was a physician employed by appellant at the Los Angeles County/University of Southern California Medical Center (Medical Center). Dr. Swenson joined the staff of the Medical Center in 1977. For over 15 years, he served as a ward chief, attending physician, and assistant clinical professor of psychiatry and behavioral sciences. Dr. Swenson supervised residents at the Medical…