Employee Needed Adjusted Schedule To Care For Disabled Child
In Castro-Ramirez v. Dependable Highway Express, Inc., the plaintiff, a truck driver, alleged that his son required daily dialysis. For several years, plaintiff's supervisors scheduled his work shifts so that plaintiff could be home at night to administer his son's dialysis.
The company's scheduling accommodation changed when a new supervisor took over and ultimately terminated plaintiff for refusing to work a shift that did not permit plaintiff to get home in time to administer his son's dialysis.
Employer's Duty To Accommodate Employee Who Is Associated With A Disabled Person
After the plaintiff sued his employer for, among other claims, disability discrimination under the Fair Employment and Housing Act ("FEHA"), the Court of Appeal found that employers have a duty under FEHA to provide reasonable accommodations to an applicant or employee who is associated with a disabled person.
The Court of Appeal noted that association with a disabled person constitutes a "disability" under Government Code section 12926(o).
Have You Suffered Disability Discrimination?
If your employer has discriminated against you based on your disability and/or medical condition, or based on your association with another person suffering from a disability and/or medical condition, Contact Sani Law today to schedule a free consultation. We will aggressively protect your rights against employers that fail to follow the law.