Police officer recruits who sustained temporary injuries with training at the Police Academy were unable to prove claims for disability discrimination under FEHA because they could not show that they were physically able to perform, with or without accommodation, the demanding physical tasks normally part of a police recruit’s job.  However, the recruits were entitled to judgment on their claim that the City had failed to accommodate their disabilities when it eliminated the “Recycle” program under which the City had earlier reassigned injured recruits to light administrative duties.

California Court of Appeal, Second District, Division 7 (Segal, J.); February 14, 2017 (modified on denial of rehearing March 13, 2017); 8 Cal.App.5th 696