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Home My WebLink About26- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman Subject: Swenson v. County of Los Angeles-Authorization to Join Amicus Brief in Support of the County of Los Angeles Dept: CITY ATTORNEY Date: March 2, 2000 ORiO AIA L Synopsis of Previous Council action: None. Recommended motion: Authorize the City of San Bernardino to join amicus brief in support of the County of Los Angeles. ignature Contact person: Robert L. Simmons Phone: 5355 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: None Source: Finance: Council Notes: Agenda Item No. 3/00%000 STAFF REPORT Council Meeting Date: March 6. 2000 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: March 1, 2000 AGENDA ITEM: Swenson v. County of Los Angeles -Authorization to Join Amicus Brief in Support of the County of Los Angeles The County of Los Angeles is requesting amicus support in the above matter. The issue involves the definition of mental disability under state law. There are federal laws and state laws dealing with employee disabilities and the prevention of discrimination against disabled workers. The federal law, Americans with Disabilities Act (ADA), has been interpreted to protect employees only if a physical or mental disability "substantially limits a major life activity." In Swenson v. County of Los Angeles, the state Court of Appeal broadened the definition of mental disability under state law to any situation in which "he has or is regarded by his employer as having a mental disorder or condition which affects one or more major life activities." A separate district of the Court of Appeal has interpreted state law consistent with the ADA. The California Supreme Court has decided to review this matter to resolve this legal conflict. The amicus brief will argue in support of the interpretation consistent with the ADA. There is no charge to the City for joining in this brief. The issue is important to all employers in California, not just public entities. The City Attorney recommends that the City of San Bernardino join in the amicus brief in the California Supreme Court.