Jackson Lewis: California Court Finds Nondisabled Employee's Accommodation Denial May Be Associational Discrimination | Practical Law

Jackson Lewis: California Court Finds Nondisabled Employee's Accommodation Denial May Be Associational Discrimination | Practical Law

This Law Firm Publication by Jackson Lewis P.C. addresses Castro-Ramirez v. Dependable Highway Express, Inc., in which the California Court of Appeal for the Second Appellate District reversed an earlier award of summary judgment and found that denying an accommodation to a non-disabled employee may be evidence of associational disability discrimination. An employer's refusal to allow the continuation of an employee's alternative work schedule essentially prevented him from tending to the medical needs of his son. His employment was terminated when he insisted that he could not work the new schedule. The court noted that the Fair Employment and Housing Act (FEHA) creates an associational disability discrimination claim that makes it unlawful to terminate a person's employment based on the perception that the person is associated with someone who has physical disabilities. The court concluded that a jury could reasonably find the employee's association with his son to be a substantially motivating factor in the employer's decision to deny an alternative work schedule and to terminate his employment.

Jackson Lewis: California Court Finds Nondisabled Employee's Accommodation Denial May Be Associational Discrimination

by Jackson Lewis P.C.
Published on 01 Sep 2016California
This Law Firm Publication by Jackson Lewis P.C. addresses Castro-Ramirez v. Dependable Highway Express, Inc., in which the California Court of Appeal for the Second Appellate District reversed an earlier award of summary judgment and found that denying an accommodation to a non-disabled employee may be evidence of associational disability discrimination. An employer's refusal to allow the continuation of an employee's alternative work schedule essentially prevented him from tending to the medical needs of his son. His employment was terminated when he insisted that he could not work the new schedule. The court noted that the Fair Employment and Housing Act (FEHA) creates an associational disability discrimination claim that makes it unlawful to terminate a person's employment based on the perception that the person is associated with someone who has physical disabilities. The court concluded that a jury could reasonably find the employee's association with his son to be a substantially motivating factor in the employer's decision to deny an alternative work schedule and to terminate his employment.