Miller v. Department of Corrections and Rehabilitation - filed Sept. 6, 2024, publication ordered Sept. 23, 2024, Fourth District, Div. Two

An employer was not prohibited from taking adverse employment actions against plaintiff where employer presented evidence plaintiff could not perform the essential duties of her position, plaintiff did not present any evidence to dispute the essential duties of a her position nor did she present any evidence to suggest that her disability-related restrictions would permit her to perform the essential duties of her position. Even if the employer failed to engage in the interactive process and failed to offer a reasonable accommodation, this would not compel the conclusion that it is liable for disability discrimination. A disability retirement in the Public Employees Retirement System is not a reasonable accommodation within the meaning of Government Code §12940(m)(1). Miller v. Department of Corrections and Rehabilitation - filed Sept. 6, 2024, publication ordered Sept. 23, 2024, Fourth District, Div. Two Cite as 2024 S.O.S. 3323 Full text click here >http://sos.metnews.com/sos.cgi?0924//E081230.