California Supreme Court Gives Two Victories to Employees

Mondaq Business Briefing, May, 2003

In a matter of a week, the California Supreme Court gave employees two victories in cases concerning disability discrimination and mandatory employment arbitration agreements.

Disability Discrimination

In Colmenares v. Braemar Country Club, Inc. (February 20, 2003), the California Supreme Court, disapproving five contrary decisions of the California Court of Appeal, as well as its own previous opinion on the subject, held that the definition of "physical disability" under California law is, and has been since 1992, much broader than the definition of "disability" under the federal Americans with Disabilities Act. Under California's broad definition of "physical disability," a person is disabled if he or she has an impairment that makes participation in a...