Neels

Neels v. Silver Oak Management CA4/1

Good Law
Court of Appeal of CaliforniaJune 26, 2024D082379California4,349 words

Opinion

Opinion

Do, J.

INTRODUCTION

Seth Neels appeals from the trial court’s grant of summary judgment on his claim for wrongful termination in violation of public policy. Silver Oak Management, LLC (Silver Oak) and Mission Apartments No. 1, LTD (Mission) (together, defendants) sought summary judgment on a single targeted ground: Defendants contended there was no triable issue of material fact that Neels suffered a “disability” within the meaning of the Fair

Employment and Housing Act (FEHA). (Gov. Code,1 § 12900 et seq.) The trial court agreed. We reverse. By explicit pronouncement of the Legislature, FEHA’s definition of disability is “broad.” (§ 12926.1, subd. (b).) It not limited to actual disabilities. (Ibid.) It is not coextensive with federal law under the Americans with Disabilities Act (ADA); it provides much “broader coverage.” (§ 12926.1, subds. (a), (c).) It is “construed so that applicants and employees are protected from discrimination due to an actual or perceived physical or mental impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling.” (§ 12926.1, subd. (b), italics added.) We find triable issues of material fact under this broad…

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