California Court Clarifies When Employers Have Knowledge of an Employee’s Disability for Purposes of the Fair Employment and Housing Act

California law prohibits discrimination in the workplace vis-à-vis an employee’s “known” disability. A California appellate court recently clarified the standards that apply in the context of disability discrimination, failure to engage in the interactive process, and failure to reasonably accommodate where an employee engages in conduct that might be the result of a mental disability, but could be the result of other factors, and the employee has not disclosed the existence of a disability.