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4086 REVIEW GRANTED Disability discrimination and failure to make reasonable accommodation may be maintained as separate causes of action; to establish a prima facie case of disability discrimination, plaintiff must show that plaintiff had a disability and the employer made an adverse employment decision because of it, upon which the burden shifts to the employer to show a legitimate nondiscriminatory reason for its employment decision, which may be based on individualized evidence of plaintiff's specific limitations demonstrating plaintiff's inability to perform job duties with reasonable accommodation, and plaintiff may attempt to rebut by proving that the employer's reason is false and a mere pretext for discrimination; to establish a prima facie case of failure to make reasonable accommodation, plaintiff must show the employer knew of plaintiff's disability and did not make reasonable accommodation, whereupon the employer may defend by showing plaintiff would have been unable to perform even with reasonable accommodation, or that providing the necessary accommodation would produce an undue hardship on its operation.CitationGREEN v STATE (Disability Burden) 132 CA4 97 [See: GovC 12900 etseq; Brundage v Hahn 57 CA4 228, T/AT 9/97; Bagatti v Dept of Rehab 97 CA4 344, T/AT 5/02]
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