Kao
Kao v. University of San Francisco CA1/3
Opinion
Opinion
Siggins, J.
Plaintiff John S. Kao sued the University of San Francisco (USF) for violations of the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.; FEHA), the Unruh Civil Rights Act (Civ. Code, § 51 et seq.), and the Confidentiality of Medical Information Act (Civ. Code, § 56 et seq.) in connection with the events surrounding his termination as a professor at USF. He also asserted causes of action against USF for violation of his right to privacy (Cal. Const., art. I, § 1), and against USF and its assistant vice-president for human resources, Martha Peugh-Wade, for defamation.
USF directed Kao to have a fitness-for-duty examination after faculty members and school administrators reported that his behavior was frightening them, and the university terminated his employment when he refused to participate in the examination. The court granted a nonsuit against Kao on the defamation cause of action, and a jury ruled against him on his other claims. Kao contests the judgment on multiple grounds, but his principal contention is that USF could not lawfully require the examination. We disagree and affirm the judgment for USF.