9th Circ. Affirms Supermarket Chain's Disability Bias Win

By Braden Campbell (October 23, 2017, 7:13 PM EDT) -- A split Ninth Circuit panel on Friday affirmed supermarket chain WinCo Foods' win in an ex-cashier's disability discrimination suit, saying the company was not obligated to keep him on when his anxiety kept him from working a regular schedule.

A panel majority said Jerry W. Neufeld was not a "qualified individual" under the California Fair Employment and Housing Act because he could not perform the essential functions of his job if he wasn't at work.

"Neufeld could not perform his primary job function — operating a WinCo cash register — at home, and he has otherwise failed to establish that this...

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