Brian Ashe Quoted in Business Insurance
"Calif. Bias Ruling Supports Employers"

Brian Ashe was quoted in the article, “Calif. Bias Ruling Supports Employers,” published in the August 24, 2007 issue of Business Insurance. In its August 23 decision, the California Supreme Court held that plaintiffs claiming disability discrimination under the state’s Fair Employment and Housing Act must prove that they are qualified to perform the job’s essential function with or without reasonable accommodation.

Brian called the decision a “clear victory for employers,” and noted that the equivalent federal Americans with Disabilities Act also puts the burden of proof on the employee.

“The California Supreme Court has harmonized state disability law with federal ADA disability law and with discrimination law generally. The employee always has the initial burden of proving” he is qualified for the position, rather than the employer.