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Court Says OK to Terminate Bipolar Employee
Before filing suit under the California Fair Employment and Housing Act (FEHA), an employee must exhaust her administrative remedies with the Department of Fair Employment and Housing (DFEH). In the recently decided case of Wills v. Superior Court, the court gave little leeway to an employee, finding that she failed to exhaust her administrative remedies because her DFEH complaint only alleged discrimination based on a denial of family/medical leave, while her lawsuit raised different allegations of disability discrimination, retaliation, harassment, and failure to accommodate.
The Case
Wills was diagnosed with bipolar disorder prior to beginning employment with the Superior Court of Orange County (the OC Court). During her employment, she took numerous medical leaves of absence related to the treatment of her disorder, but neither she nor her doctor informed the OC Court of her medical condition.
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