Separating Violence From Disability

Law360, New York (April 26, 2011, 1:18 PM EDT) -- For the first time, a California court has held that, under the Fair Employment and Housing Act (FEHA), an employer may distinguish between disability-caused misconduct and the disability itself in the narrow context of threats or violence against co-workers.

In the case of Wills v. Superior Court (Cal.App.4 Dist.2011) _Cal.Rptr.3d_ [2011 WL 1386767], Linda Wills was a clerk for the Orange County Superior Court (OC Court) and suffered from bipolar disorder with intermittent bouts of manic episodes.

Wills was newly assigned to a city police department’s...
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