Green v. State of California

In a case brought under the California Fair Employment and Housing Act (FEHA), DREDF and other disability rights organizations filed an amicus brief in the California Supreme Court arguing that FEHA is more expansive than the ADA on the question of whether the plaintiff-employee in a FEHA case is obligated to establish that she is capable of performing the essential duties of a job as part of a prima facie disability employment discrimination case or whether the defendant-employer must instead establish inability to perform as an affirmative defense. Unfortunately, on August 23, 2007, the high court ruled that FEHA tracks the ADA in that it is the employee’s obligation to establish that she is qualified to perform the job as part of a prima facie case.