Friday, March 26, 2021
Brown v. LAUSD establishes that symptoms of ‘electromagnetic hypersensitivity’ a.k.a. ‘Microwave Sickness’ could be deemed a ‘physical disability’ under the FEHA
LOS ANGELES, CA / ACCESSWIRE / March 26, 2021 / Today, JML Law announced it has won a major appeal in the California Court of Appeal that establishes that a plaintiff who pleads symptoms and physical manifestations of “electromagnetic hypersensitivity” has adequately alleged that they suffer from a “physical disability” under the California Fair Employment and Housing Act (“FEHA”).
In the majority opinion handed down in the case, Brown v. LAUSD (Appeal No. B294240), the Court of Appeal recognized that it doesn’t matter whether or not other courts in the United States have recognized “electromagnetic hypersensitivity” as a disability under the federal Americans with Disabilities Act (“ADA”) because JML Law’s client, Laurie Brown, has brought her case not under the ADA, but under FEHA, which is broader in scope. The Court of Appeal held that Brown sufficiently alleged that she suffered from a physical disability under the FEHA and that she sufficiently stated a cause of action for failure to accommodate, where she alleged that LAUSD refused to honor an accommodation which LAUSD had agreed to provide to Brown. The Court of Appeal stated that based on their reading of Brown’s First Amended Complaint, “LAUSD’s actions here do not align with those of an employer taking positive steps to accommodate the employee’s limitations.”
The complete published opinion by the Court of Appeal can be accessed at https://www.courts.ca.gov/opinions/documents/B294240.PDF.