Cal. Court of Appeals Upholds Summary Judgment Finding Denial of Disability Retirement Benefits was not Adverse Employment Action under FEHA

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On 2/26/25, in Lowry v. Port San Luis Harbor Dist., the Cal. Court of Appeals upheld a trial court's summary judgment finding that the denial of disability retirement benefits to an employee was snot an adverse action under the California Fair Employment & Housing Act (FEHA), since such payments do not facilitate an employee’s continued employment, but rather serve as income replacement for employees who can no longer work. The Court held that an individual who is not a qualified employee cannot bring a disability discrimination claim under FEHA for the denial of disability retirement payments.

https://www4.courts.ca.gov/opinions/documents/B330631.PDF


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