Josephs v. Pacific Bell Telephone Company

Case Updates

The Ninth Circuit affirmed the finding that Pacific Bell was in violation of the ADA for refusing to reinstate an employee who failed to disclose his criminal record on his employment application.

NCLC filed a letter brief with the Ninth Circuit urging rehearing en banc in this case. NCLC argued that the lower court erred in several rulings regarding evidentiary matters and jury instructions that affected the outcome of the jury's decision. Further, NCLC pointed out that the ruling had negative legal and practical consequences for employers in the Ninth Circuit, preventing employers from taking actions based on common sense if they learn that co-workers or customers might be at risk because of an employee with a violent criminal past.