• What: The Court ruled for the Employer
• Why: The policy didn’t discriminate:
• The policy excluded all persons equally under the plan
• The exclusion was “treatment” based, not “disability” based.
The confusion: The exclusion had a greater affect on persons with a disability
The clarification: All health policies have this incidental affect.
The finding: An exclusion of a treatment in a policy universally applied is not discriminatory.
The Case: Knight v. Hayward Unified School District (August 2005) (1st App. Dist.)
"If the pink slip doesn't fit,