A clothes-fitter for a Neiman Marcus department store diagnosed with carpal tunnel syndrome and osteoarthritis sued the company for disability discrimination under the California Fair Employment and Housing Act (FEHA) and for wrongful termination in violation of public policy. The employee was terminated following several family medical leave absences and extensions and the exhaustion of her sick and vacation benefits. The court of appeal reversed the trial court’s grant of summary judgment for the employer, holding that there was a triable issue of fact whether Neiman Marcus could have, but did not, provide the employee with a reasonable accommodation in the form of a reassignment to a vacant position.
Nadaf-Rahrov v. Neiman Marcus Group, Inc., 166 Cal.App.4th 952 (2008).

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