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Tumor, although not cancerous, limited a major life activity and constituted a disability under the


Soria v. Univision Radio Los Angeles, Inc. - filed Nov. 15, 2016, Second District, Div. Seven

Plaintiff stated a prima facile case of disability discrimination, sufficient to survive summary judgment, by presenting evidence that defendant terminated her employment with knowledge that she was seeing a doctor regarding a stomach tumor, together with circumstantial evidence that defendant's explanation--that it had no knowledge of her condition and terminated her for repeated tardiness--was a pretext. Plaintiff presented sufficient evidence to create a triable issue as to whether her tumor, although not cancerous, limited a major life activity and thus constituted a disability under the Fair Employment and Housing Act. Plaintiff's testimony that she asked for time off to have an operation, and received a negative response from her supervisor, was sufficient to establish a prima facie claim for denial of reasonable accommodation.


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