Miller v. California Dep’t of Corr. & Rehab., 105 Cal. App. 5th 261 (2024)
Maria Miller worked as a correctional officer at the California Institute for Women before she was injured in a slip-and-fall accident in 2016. After Miller had exhausted her workers’ compensation wage replacement benefits in 2018, the Department placed her on an unpaid leave of absence. When the Department subsequently offered to medically demote Miller to an alternative available position that would accommodate her work restrictions, she declined the position and informed the Department that she suffered from a previously undisclosed mental disability that prevented her from returning to work while she was receiving treatment; Miller has remained on an unpaid leave of absence ever since. Miller sued the Department for disability discrimination, failure to accommodate her disability, failure to engage in the interactive process and retaliation. The trial court granted summary judgment to the employer, and the Court of Appeal affirmed, holding that Miller failed to show that she could perform the essential functions of her job with or without an accommodation. The Court also agreed with the trial court that “the involuntary act of becoming disabled” is not protected activity under the FEHA.