Ninth Circuit: Nunies v. HIE Holdings

Under the discrimination statute, the minor nature of an actual or perceived injury is an affirmative defense, and the burden to establish this subjective belief or actual condition is on the employer.

Plaintiff employee's claim that work was impossible with the injury sufficed to establish that a major life activity was impossible with the injury.

State statute's assertion that it is the sole remedy does not foreclose a claim under federal law.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/17/16-16494.pdf