Joshua Liam Josephs, AKA Joshua Liam Joesphs, Joshua Liam Josepths v. Pacific Bell, and Does, 1-30, Inclusive

Opinion by Judge Leavy; Dissent by Judge Callahan

In this appeal we must resolve issues arising from the employment discrimination action brought against Pacific Bell Telephone Company (PacBell) by a former service technician, Joshua Liam Josephs. After the jury rendered a verdict for Josephs on his claim alleging that PacBell’s decision to deny him reinstatement violated the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq. (ADA), and the California Fair Employment and Housing Act, Cal. Gov’t Code § 12940 (FEHA), the district court entered judgment against PacBell. PacBell now appeals on grounds that the district court erred in failing to grant it judgment as a matter of law or a new trial. PacBell also contends that the district court made two erroneous evidentiary rulings and two errors in jury instractions. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the judgment.

BACKGROUND

In late 1997, Josephs applied for a service technician position with PacBell. Service technicians perform unsupervised, in-home telephone installation or repair. Josephs had been employed for ten years in a similar position with Cox Communications. Josephs checked “NO”…

As presented to us, this case requires that Pac Bell reinstate as a service technician a person it believes may pose a danger to its customers. I dissent because unless it is determined that Pac Bell’s concern that Josephs is dangerous is unreasonable, Pac Bell should not be required to send him into its customers’ homes. My review of the record reveals that as a result of the prejudicial admission of irrelevant evidence and the improper truncation of the jury instruction on mixed motives, the jury did not, and was not asked to, determine whether Pac Bell’s concerns regarding Josephs were reasonable. Accordingly, I would vacate the judgment entered on the jury verdict and remand for a new trial.

In 1982, Josephs was arrested, and subsequently convicted for misdemeanor battery on a peace officer. He was also arrested for attempting to murder a high school friend who was a quadriplegic. Josephs was found not guilty by reason of insanity, spent two-and-a-half years in a state mental hospital, and was released in 1985.

*1019 In 1997, Josephs applied for a job with Pac Bell as a service technician. A service technician performs unsupervised, in-home telephone installation or repair.…

432 F.3d 1006 Joshua Liam JOSEPHS, aka Joshua Liam Joesphs, Joshua Liam Josepths, Plaintiff-Appellee, v. PACIFIC BELL, Defendant-Appellant, and Does, 1-30, inclusive, Defendants. No. 03-56412. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 2005. Filed December 27, 2005. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Richard A. Paul, Paul, Plevin, Sullivan & Connaughton, LLP, San Diego, CA, for the defendant-appellant. Reza Keramati, Western Legal Group, San Diego, CA, for the plaintiff-appellee. Appeal from the United States District Court for the Southern District of California, Rudi M. Brewster, District Judge, Presiding. D.C. No. CV-99-00843-RMB. Before: LEAVY, GRABER, and CALLAHAN, Circuit Judges. Opinion by Judge Leavy; Dissent by Judge Callahan LEAVY, Circuit Judge. 1 In this appeal we must resolve issues arising from the employment discrimination action brought against Pacific Bell Telephone Company (PacBell) by a former service technician, Joshua Liam Josephs. After the jury rendered a verdict for Josephs on his claim alleging that PacBell's decision to deny him reinstatement violated the Americans with Disabilities Act of 1990, 42…