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4750 MODIFIED REVIEW DENIED Unless persons who decided to take adverse employment action against a plaintiff were aware that s/he had a physical disability, the adverse employment action cannot be found to have violated disability discrimination or disability accommodation provisions of the Fair Employment and Housing Act (FEHA); receipt of a hospital record indicating that plaintiff was confined for four days, without giving a reason, does not provide sufficient notice to the employer of the employee's disability; knowledge that an employee had been hospitalized for four days is sufficient to impose on the employer a duty to determine whether the employee's request for medical leave qualifies under the California Family Rights Act, and the employer acts at its own peril in failing to do so prior to denying the request.CitationAVILA v CONTINENTAL AIRLINES (Pancreatitis Dismissal) 165 CA4 1237 [See: GovC 12940 etseq, 129452; Brundage v Hahn 57 CA4 228, T/AT 9/97; Horn v Cushman 72 CA4 798, T/AT 7/99]
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