It is truly amazing what some employers will do. In Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635, a California Appellate Court ruled that an employee who was terminated when she requested leave to donate a kidney to her sister could not sue for retaliation since donating a kidney was not a “protected activity” under the Fair Employment and Housing Act (FEHA).

The State Legislature recently partially rectified the situation through enactment of Assembly Bill 987 (AB 987). AB 987 amended the Government Code to provide that a request for reasonable accommodation on the basis of religion or disability constitutes a protected activity, regardless of whether the request for accommodation is granted. Whether or not this classifies being a medical donor as a protected activity is still uncertain.

Current law in California offers employees greater leave rights. We recommend you proceed with caution before you deny an employee leave, terminate an employee for requesting leave, or discipline an employee who requests or takes leave, to avoid legal complications.

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.