Mitchell v. Delphinus Engineering, Inc. CA4/1

INTRODUCTION

Robbie Mitchell appeals from summary judgment in favor of Delphinus

Engineering, Inc. (Delphinus) on his claims for disability discrimination, failure to

prevent discrimination, and wrongful termination. He contends the court erred in

determining he had not met his burden of establishing a triable issue of material fact as to

whether his heart condition limited a major life activity sufficient to constitute a physical

disability and as to whether Delphinus discharged him because of his heart condition.

We conclude Mitchell was not required to present evidence his heart condition

limited a major life activity because heart disease constitutes a physical disability as a

matter of law under the California Fair Employment and Housing Act (FEHA) (Gov.

Code, § 12900 et seq.). We further conclude there is a triable issue of material fact as to

whether Delphinus discharged Mitchell because of his heart condition versus his

unsatisfactory job performance. We, therefore, reverse the judgment and remand the

matter to the trial court for further proceedings.

BACKGROUND

Mitchell has a heart condition. His employer, Delphinus, knew about his heart

condition because…