Schwaia

INTRODUCTION

Sherral Ann Schwaia appeals from a judgment finding her employer, Lakeside

Union School District (District), did not violate the California Fair Employment and

Housing Act (FEHA) (Gov. Code, § 12900 et seq.)1 by, among other acts, failing to

reasonably accommodate her disability and failing to engage in the interactive process in

good faith. She contends the undisputed evidence shows her employer violated FEHA in

both respects and, therefore, the court erred in rendering a judgment in the District's

favor. We conclude the court did not err in this manner and affirm the judgment.

BACKGROUND2

Schwaia is a school bus driver for the District. Her position includes both indoor

and outdoor work. The District has two types of buses: a longer Type-1 bus and a

shorter Type-2 bus. At the beginning of 2004, Schwaia drove a Type-1 bus. At that

time, some of the Type-2 buses had air conditioning, but the Type-1 buses did not.

In January 2004 or earlier, Schwaia began having symptoms of multiple sclerosis

(MS). In March 2004 a neurologist diagnosed her with the disease.

MS is a progressive, autoimmune disease affecting the central nervous system,

particularly…