What is the test for appeal from a judgment of failure to provide reasonable accommodation and failure to engage in the interactive process?

California, United States of America


The following excerpt is from Schwaia v. Lakeside Union Sch. Dist., D060314 (Cal. App. 2013):


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Notes:

1. Further statutory references are also to the Government Code unless otherwise indicated.

2. "Following the usual rules on appeal from a judgment rendered after a trial, we view the facts in the light most favorable to the judgment." (Blanks v. Seyfarth Shaw LLP (2009) 171 Cal.App.4th 336, 346, fn. 2.)

3. She also requested the ability to go home when she felt sick and to have a substitute driver accompany her when it was hot. These requests are not at issue in this case.

4. The evidence actually indicates this occurred later.

5. Schwaia presents no appellate arguments challenging the trial court's judgment as to the causes of action summarily adjudicated or as to the causes of action for disability discrimination and for failure to prevent disability discrimination and harassment. We, therefore, confine our discussion on appeal to her causes of action for failure to provide reasonable accommodation and failure to engage in the interactive process.

6. There is some indication in the record the District further agreed to provide her with a substitute driver, up to five times a year, when she felt tingling in her arm.


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Notes:

1. Further statutory references are also to the Government Code unless otherwise indicated.

2. "Following the usual rules on appeal from a judgment rendered after a trial, we view the facts in the light most favorable to the judgment." (Blanks v. Seyfarth Shaw LLP (2009) 171 Cal.App.4th 336, 346, fn. 2.)

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