Effective Date: Immediate.
Coverage: All clients with employees working in California.
Action Required: Employers should
- Consider employees’ requests for accommodation related to their family members’ disabilities and engage these employees in a discussion about their needs; and
- Ensure that supervisors are prepared to receive such requests for accommodation and promptly report them to the appropriate employer designated official.
Article:
In June 2016, we notified you about an important court ruling. The California Court of Appeal for the Second Appellate District in Castro-Ramirez v. Dependable Highway Express, Inc, held that an employer’s denial of accommodation to a nondisabled employee may serve as evidence of association discrimination under the California Fair Employment and Housing Act (“FEHA”).
The court found that the FEHA’s statutory language defining “physical disability” also encompassed a person who is associated with a person who has disabilities. By itself, this holding is not controversial because the Americans with Disabilities Act (“ADA”) contains a similar provision prohibiting discrimination on the basis of an association or relationship with a person with a disability.
What makes Castro Ramirez different, and what continues to concern California employers, is that the appellate court went one step further and found that employers must provide reasonable accommodations to individuals who do not, by ADA terms, have a disability. Specifically, the appellate court held that associating with a person with disabilities is itself a disability for the purposes of FEHA and must, therefore, be accommodated.
On November 30, 2016, the California Supreme Court declined to hear an appeal effectively putting an end to the case. Because of the denial and because the case has not been de-published, all California trial courts now are bound by this authority unless and until there is a conflicting Court of Appeal published decision.
Practical Impact
In addition to other leave obligations, California employers should review policies and practices in responding to all disability accommodation requests, even those of non-disabled employees associated with others in protected categories. Employers should also ensure that supervisors are prepared to receive such requests for accommodation and promptly report them to the appropriate employer designated official. Finally, at a minimum, employers must now have a legitimate, non-discriminatory reason for denying such a request for accommodation.
As always, please contact your Human Resources Business Partner if you have any questions.