| Disability discrimination claims often turn on whether an employer knew, or reasonably should have known, that an employee had a disability. A Court of Appeal recently clarified that California employers are not required to diagnose a disability from unusual behavior alone. In Husband v. Target Corporation, the Court of Appeal held that an employer usually lacks notice unless the employee discloses a condition, provides medical information, requests accommodation, or displays symptoms that clearly suggest a disability. Supervisors should avoid speculation, document concerning conduct, apply neutral rules, explain accommodation procedures, and involve human resources before acting. Because notice is fact-specific, employers should consult counsel if unusual behavior may involve a medical condition or create a risk of workplace violence. |
