On August 26, 2016, the California Second Court of Appeal issued its published opinion in Castro-Ramirez v. Dependable Highway Express, Inc. The Court found that an employer’s denial of accommodation to a nondisabled employee may be evidence of associational disability discrimination under the Fair Employment and Housing Act (“FEHA”).

The Court determined that the FEHA creates an associational disability discrimination claim. The Court ruled the FEHA makes it unlawful to discharge a person from employment based on physical disabilities or other characteristics, which include “a perception that the person. . .is associated with a person who has, or is perceived to have, any of those characteristics.” It also determined that requests for accommodation based on association disability that go unheeded, or that result in employer disregard of opposition to an accommodation, can form the basis for a claim of retaliation against the employer.

As a result of this decision we suggest employers review with their attorneys their policies and practices regarding responding to associational disability accommodation requests.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.