New CA Employment Case

New Published California Employment Case

Can an employer be liable under FEHA for an undisclosed bipolar disability?  

The California Court of Appeal Court addressed this issue last month. Below is my one-paragraph case summary from my online publication California Case Summaries™: 

Husband v. Target Corporation (2026) _ Cal.App.5th _ , 2026 WL 1430244: The Court of Appeal affirmed the trial court’s order granting defendant employer’s motion for summary judgment in plaintiff’s action alleging claims under the Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.) for disability discrimination, failure to provide reasonable accommodation, and failure to engage in the interactive process. The trial court granted summary judgment finding that defendant had no knowledge of plaintiff's bipolar disorder when it terminated him for violating the company's workplace violence policy. The Court of Appeal affirmed, holding as a matter of law that an employer is not charged with knowledge of an employee's undisclosed mental disability merely because the employee displayed erratic and irrational behavior on two occasions, since a mental disability was not "the only reasonable interpretation" of the observed conduct, and therefore plaintiff could not establish the prerequisite knowledge element required for FEHA liability on any of his claims. (C.A. 2nd, May 21, 2026.)

Mediation, Arbitration & Referee Services

Monty A. McIntyre, Esq. helps attorneys and their clients throughout California as a mediator, arbitrator and referee, handling employment (PAGA, wage and hour, wrongful termination, discrimination, retaliation), tort (elder abuse, legal malpractice, medical malpractice, personal injury, product liability and wrongful death), business, commercial, insurance (bad faith, coverage, UIM), real property and trust and estate/probate cases. Monty has been a California civil trial lawyer since 1980, a member of ABOTA since 1995, has tried over 100 civil cases (jury trials, judge trials, administrative trials and arbitrations), and has represented both plaintiffs and defendants in the areas listed above.

To easily schedule a new matter, pick your date on Monty's calendar: https://montymcintyre.com 

You can also mediate with Monty at ADR Services. To schedule at ADR Services contact Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.

 California Case Summaries™
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California attorneys will win more cases and get better results by always knowing the new civil case law in their practice areas. California Case Summaries™ make this easy with unique one-paragraph case summaries, with practitioner takeaways, organized by legal topic, of every new civil case published by California courts throughout each year. Seven publication options are available for either Individual Attorney subscriptions (only the subscribing attorney can read the summaries) or Law Firm Unlimited subscriptions (the firm can send summaries to every firm attorney).

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1. Mediate with Monty McIntyre to Get a Free 1-Year Subscription to California Case Summaries™:

For law firm lawyers, when you conduct two half-day or two full-day private mediations in one calendar year with Monty McIntyre your law firm will get a free 1-year Law Firm Unlimited subscription (letting the firm send summaries to every attorney or paralegal) to California Case Summaries™.

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To easily schedule a mediation with Monty pick your date on Monty's calendar: https://montymcintyre.com 

You can also mediate with Monty at ADR Services. To schedule at ADR Services contact Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.

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Do well and be well.  

Best regards,
Monty A. McIntyre, Esq.
Ending the Trauma of Litigation &
Helping Attorneys Get Excellent Results
-Settling or Deciding Cases or Issues: Mediator, Arbitrator & Referee
Employment, Torts, Business, Real Property, Insurance and Probate Cases
To easily schedule a new matter visit: https://montymcintyre.com 
-Working Up Cases: California Case Summaries™: Know The Law
-Trying Cases: Trial Alchemy™ - Learn from Civil Jury Trial Experts
ABOTA Member Since 1995
Past President San Diego County Bar Assn. (2002), Past President SD ABOTA Chapter (2014)
Phone: (619) 990-4312 | Email: monty@montymcintyre.com