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| Worker Bears Burden of Demonstrating He or She is a “Qualified Individual” |
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The California Supreme Court, in a split decision, ruled that a person claiming to be disabled bears the burden of showing that he or she is a “qualified individual.” In order to be a “qualified individual” the person must show that they can perform the essential duties of the job. This decision overruled a lower court ruling which had placed the burden of proof on the employer by requiring that the employer demonstrate that the person was not a qualified individual. See Green v. State (2007) 42 Cal.4th 254
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