California Employers Must Accommodate Non-Disabled Employees Who are Associated with Disabled Individuals

The Court’s statement arises from their interpretation of the application of California’s Fair Employment and Housing Act (“FEHA”) in Luis Castro-Ramirez v. Dependable Highway Express.  Castro-Ramirez, an employee of Dependable Highway Express (“DHE”), requested an accommodation to care for his son prior to hiring.  Castro-Ramirez needed to return home by a certain time each day to operate his son’s dialysis machine.  Castro-Ramirez’s request was initially accommodated by giving him routes scheduled early in the day. However, when Castro-Ramirez’s supervisor changed, the new supervisor revised Castro-Ramirez’s schedule to give him later routes, despite the fact that earlier shifts were available.  The new supervisor refused to accommodate Castro-Ramirez’s renewed request for earlier start times to his shifts, and eventually terminated Castro-Ramirez when he refused to drive a route that would prevent him from getting home in time to care for his son.

The Court stated that FEHA prohibits discrimination against individuals with disabilities, including the perception that a person is associated with someone who is physically disabled.  Further, FEHA also prohibits employers from retaliating against employees who request an accommodation.  The Court determined that a jury could reasonably infer that Castro-Ramirez’s disabled son was a motivating factor for Castro-Ramirez’s termination.

As a result, California employers should be attentive to requests for reasonable accommodation from applicants or employees who are associated with a disabled person.

Action Items

1. Train manager and supervisors on handling requests for reasonable accommodations from applicants or employees in reference to a disabled associate.
2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2016 ManagEase, Incorporated.