Target notched a win under the Fair Employment and Housing Act (FEHA) in Husband v. Target Corp that may extend to other California employers.
In short, Husband reinforced the principle that an employer does not have disability-related FEHA liability when it lacks knowledge of an employee’s disability or desire for accommodation at the time of taking an adverse employment action.
Background on Husband v. Target Corp
Husband suffered from bipolar disorder but allegedly did not disclose his diagnosis to Target or request a workplace accommodation.
After nearly two years of employment without incident, the employee allegedly engaged in several episodes of erratic workplace conduct, including making allegedly disturbing and irrational statements, hitting himself, and yelling at coworkers. This alleged conduct caused supervisors to express concern amongst themselves and HR about his mental state, including the belief that Husband “needed help,” should “get examined by a doctor/psych… Read the complete article here...
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