Smith v. National Steel & Shipbuilding Co.

Plaintiffs-Appellants (“Plaintiffs”) are twenty-four former employees of DefendantAppellee, National Steel & Shipbuilding Company (“NASSCO”). Plaintiffs brought two separate civil actions which were consolidated in the Southern District of California. The suits alleged that NASSCO’s implementation of a new layoff policy violated the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) as well as the California Fair Employment and Housing Act, Cal. Gov’t Code § 12940 et seq. (“FEHA”). Plaintiffs appeal the district court’s granting NASSCO’s motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). For the reasons which follow, we reverse.

I

FACTS AND PROCEDURAL HISTORY

Plaintiffs are former union employees of NASSCO who were laid off between May 1993 and July 1994. In January 1993, NAS-SCO adopted a performance-based rating system, the “Performance Evaluation and Communication Program” (“PECP”), to determine which of its employees should be laid off. Prior to the adoption of the PE CP, layoffs at NASSCO had been determined on a seniority basis. In their suits, Plaintiffs alleged that they are disabled persons and that the PECP has been…