On May 21, 2026, the California Court of Appeal held in Husband v. Target Corporation that, standing alone, an employee’s erratic and irrational behavior is insufficient to put an employer on notice that the employee has a mental disability. This holding provides critical guidance for employers seeking to determine when their obligations to engage in the interactive process are triggered under California’s Fair Employment and Housing Act (“FEHA”).

Background

Target Corporation hired Daniel Husband in 2020 as a “fulfillment expert” at a store in Burbank, California. His first 20 months of employment with Target had no negative incidents. But that changed in June 2022, when Husband entered his store during off-duty hours, became agitated at a Target employee, and swore at them. Husband received verbal counseling for this incident. About a month later, Husband arrived for his shift, appearing deflated, and became highly volatile, yelling at co-workers. Husband’s supervisor sent him home, noting the conduct was “out of the ordinary” and “somewhat disturbing.” The supervisor contacted human resources for support, noting that he was concerned about Husband’s mental state. The next day, Husband appeared for his shift shaky and distraught, and told his supervisor that he “killed” his stepmom by speaking a word, and asked his supervisor whether he had killed anyone at the store. The supervisor sent Husband home and recommended he see a doctor or psychological professional. Soon...

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