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Duty to Reinstate a Mentally Disabled Employee

Duty to Reinstate a Mentally DIsabled Employee

The case of Josephs v. Pacific Bell deals with the duty of the employer to reinstate an employee with a mental disability, despite the potential harm the employee may cause.

The interesting facts in this case are as follows:

  • PacBell hired Joshua Josephs as a service technician after Josephs lied on his application and answered that he had never been convicted for a misdemeanor.
  • PacBell conducted a permissible background check and discovered that Josephs had been tried for attempted murder (but found guilty by reason of insanity) and had been convicted of a misdemeanor battery on a police officer. PacBell also learned that Josephs had spent 2.5 years in a CA mental hospital and 6 months in a board-and-care mental health facility.
  • Upon learning the above information about Josephs, PacBell terminated Josephs' employment for lying on his employment application.
  • Josephs sued PacBell for refusing to reinstate him because PacBell regarded him as mentally disabled.

Arguments made by Both Sides

  • PacBell argued that Josephs' job required customer contact and Josephs' "emotional dysfunction" might result in an attack on a customer.
  • When Josephs noted that PacBell had reinstated another employee who had failed to report a conviction, PacBell replied that Josephs' situation was different because he had spend time in a mental ward.

Conclusion

  • The Court affirmed the jury's verdict that the denial of reinstatement was based on the perception that Josephs was mentally ill. The Court found sufficient evidence that Josephs was perceived as having a mental impairment "substantially limited" him in the "major life activity" of working.
  • If you believe that your employer is refusing to reinstate you because of a perceived mental disability, call this office for a consultation.

Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


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CASE EVALUATION

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