Doe

MEMORANDUM DECISION AND ORDER

BACKGROUND

Former Assistant City Attorney Jane Doe filed this employment discrimination action against the City of Chula Vista and John Kaheny (the City Attorney). The suit arises from an incident in which Doe informed Kaheny that she was involved in a verbal altercation with an opponent at a court hearing. Subsequent to that discussion, Kaheny requested that Doe agree to a psychiatric examination. When Doe refused, she was terminated.

Doe has twice amended her complaint. Earlier versions of the complaint included claims for defamation and for actual disability under the Americans with Disabilities Act (ADA). Doe eliminated those claims from her suit. Her second amended complaint contains six causes of action, including an ADA claim for discrimination on the basis of a perceived, not an actual, disability. Doe alleges that the City engages in unlawful employment practices, including making un *563 lawful medical inquiries. SAC H16. She alleges that these violations have directly and proximately caused her to suffer damages in the form of severe emotional distress. SAC 1Í17. Doe makes similar allegations in her state law Fair Employment claim and…