The trial court erred in granting defendant summary judgment in this disability discrimination case. Plaintiff had a stomach tumor which her doctors thought might be malignant, recommending its surgical removal. Doctor appointments and related medical problems kept her from getting to work on time. This was sufficient to count as a disability even if the tumor itself was asymptomatic, since the treatment of the tumor interfered with a major life activity, namely work. Also there was evidence that the employer viewed the tumor as a disability, which alone was sufficient to support plaintiff’s discrimination claims. Plaintiff’s evidence that she disclosed her condition to her supervisor was sufficient to show that the employer knew of the condition; she was not required to also report her condition to the human resources department. Plaintiff’s evidence of positive performance reviews in years before the tumor despite a comparable record of tardiness in those years was sufficient to rebut the employer’s alleged nondiscriminatory reason for firing plaintiff due to tardiness.
California Court of Appeal, Second District, Division 7 (Perluss, P.J.); November 15, 2016; 2016 WL 6746448