In Castro-Ramirez v. Dependable Highway Express, Inc., the Court of Appeal declared that the FEHA prohibits discrimination towards employees with disabilities and employees who have an existing association with a disabled person. The Court held that the FEHA provides broader protections than the federal Americans with Disabilities Act in that it requires employers to provide reasonable accommodations to employees who associate with disabled persons.

After Plaintiff refused to work a shift that would have prevented him from returning home to administer his son’s dialysis, he was fired. The supervisor pointed to the company’s policy permitting disciplinary action, including termination, if an employee refuses to work an assigned shift. The Court found that there was an inference of unreasonable failure to accommodate, citing the supervisor’s knowledge of Plaintiff’s duties to take care of his son, the fact that previous supervisors had provided proper accommodations for Plaintiff throughout the previous three years, and that multiple earlier shifts were available. The employer’s proffered reason for termination was considered by the Court to be pretext for the supervisor’s desire to fire someone who made his own job of scheduling shifts a little bit more difficult.

Furthermore, the Court determined that the timing of the firing – a month after Plaintiff complained to a former supervisor about the current supervisor’s unreasonable scheduling of shifts which interfered with his ability to care for his son, and a day after voicing similar concerns directly to the current supervisor – raised an inference that the termination was retaliatory. The Court reversed the lower court’s grant of summary judgment to the employer on the disability discrimination and retaliation causes of action.

For more information, or if you need legal assistance, please contact the Wagner Legal Group, P.C. at (310) 857-5293 or fill out our contact form on the website.