Siegel v. California Pacific Medical Center,
No. AO93145 (Cal. App. May 23, 2002)
An
operating room nurse whose physician ordered a total ban on her exposure to
certain sterilizing chemicals and cauterizing instruments smoke during working
hours due to an asthma condition claimed that her employer (the "Medical
Center") engaged in unfair employment practices under the California Fair
Employment and Housing Act ("FEHA"). The California Court of Appeals
held that the nurse had no cause of action under FEHA because she was no longer
qualified to perform her duties as an operating room nurse (a total ban on exposure
to smoke from the cauterizing tools could not reasonably be complied with in
the operating room setting). The Medical Center had offered reasonable accommodations
to her in the form of other jobs within the Medical Center that she was qualified
to perform, which she ultimately refused. To meet its obligation under FEHA,
the court held that the Medical Center was not required to create a new job,
move other employees, or promote her to a position that she was not qualified
to perform.