An appellate court ruled for the plaintiff in Brown v. Los Angeles Unified School District in a case about electrohypersensitivity -- first time! Judge John Shepard Wiley wrote: "It seems clear we are the first court in the United States of America—a nation of over 300 million people—to allow a claim that ‘Wi-Fi can make you sick.'" Judges are now worried that "junk science" will enter the courtroom as waves of EHS sufferers bring similar lawsuits against employers and other entities.
This plaintiff filed a convincing case under sued California’s Fair Employment and Housing Act (“FEHA”) which defines disabilities more broadly than the ADA. Under FEHA, physical disabilities include that which “[a]ffects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine” and also “[l]imits a major life activity.”
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