(CN) – An employee of the Art Institute of California-Orange County failed to prove that the institute cut his hours because he revealed that he was HIV-positive, a California appeals court ruled.
Carmine Scotch the AIC for disability discrimination after the institute reduced his status to part-time.
The trial court ruled in favor of AIC, and Justice Fybel of the Santa Ana-based appeals court upheld the decision.
“Scotch did not meet his burden of presenting evidence that AIC’s stated reason for the adverse employment decision was false or pretextual,” Fybel wrote, “and that there was a causal link between his revelation that he was HIV-positive and the adverse employment decision.”
Fybel ruled that Scotch’s proposed disability accommodation amounted to a guarantee of full-time employment, which AIC is not required to provide.