Furtado v. State Personnel Board

In Furtado v. State Personnel Board (2013) 212 Cal.App.4th 729, the Court addressed the case of a correctional officer at Centinela, Furtado, whose injuries to his arm caused him to lose grip strength and loss of range of motion, making it difficult for him to use a baton. (Id. at pp. 734, 735.) Furtado alleged discrimination because he was denied accommodation for his disability and was medically demoted. (Id. at p.741.) The Court concluded, "Furtado requested that the CDCR 'accommodate' his disability by either waiving the requirement that he certify with the side handle baton, or assigning him to an 'administrative' correctional lieutenant position. Furtado was not entitled to either of these 'accommodations.' Waiving the baton certification requirement would mean that Furtado would not have to demonstrate that he is a 'qualified individual' within the meaning of FEHA. Instead, it would allow Furtado to continue as a correctional lieutenant while being unable to perform all of the essential functions of the position." (Id. at p. 753.)