BART v. Fair Employ. and Housing Com.
Eddie L. Bartley, an employee of plaintiff San Francisco Bay Area Rapid Transit District (BART), injured his knee while working at one of the train stations. As a result of the injury, he had knee replacement surgery. He filed a complaint with the Fair Employment and Housing Commission (Commission) alleging that BART denied reasonable accommodation for his physical disability and discriminated against him on the basis of the disability. The evidence before the Commission demonstrated that after learning of Bartleys disability, and before making any substantive attempt to accommodate it, BART placed him on a leave of absence and mailed him a notice stating that there was no alternate or modified work available for him. Over a month later, BART offered to permit Bartley to return to work if he would waive his right of accommodation. Only after he refused to do so did BART grant him the work accommodations he had sought prior to his leave. After the Commission found that BART denied Bartley reasonable accommodation, BART filed a petition for writ of mandate challenging the Commission decision. The trial court denied the petition, determining that substantial evidence supported the Commissions findings. For the reasons explained below, Court conclude that the ruling was correct and accordingly affirm.
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