In a recent, very interesting employment discrimination case holding - Castro Ramirez v Dependable Highway Express, Inc. (2016), the Second Appellate District clarified the employers' obligation to provide reasonable accommodations to employees in the associational disability context - i.e. where the employee who is not disabled is seeking an accommodation for a physical disability of another person with whom he is "associated" as per California Gov. Code section 12926. The court noted that an association with a psychically disabled person is itself a disability under the California FEHA.
Thus, when Gov Code section 12940(m) says that employers must reasonably accommodate "the known physical... disability of an applicant or employee," the disability that employers must accommodate include the employee's association with a physically disabled person. The court further pointed out that FEHA (Fair Employment and Housing Act) creates an associational disability discrimination claim by reading "association with a physically disabled person" into the Act where "physical disability" appears in section 12940(a).
Finally, the court pointed out that this is yet another way in which California FEHA provides a much broader anti-discrimination protection to employees than its federal counterpart - ADA. This law and clarification provides significant protection to employees who parents, children, or other closely associated persons/relatives are disabled and require some kind of significant attention from that employee.
Thus, when Gov Code section 12940(m) says that employers must reasonably accommodate "the known physical... disability of an applicant or employee," the disability that employers must accommodate include the employee's association with a physically disabled person. The court further pointed out that FEHA (Fair Employment and Housing Act) creates an associational disability discrimination claim by reading "association with a physically disabled person" into the Act where "physical disability" appears in section 12940(a).
Finally, the court pointed out that this is yet another way in which California FEHA provides a much broader anti-discrimination protection to employees than its federal counterpart - ADA. This law and clarification provides significant protection to employees who parents, children, or other closely associated persons/relatives are disabled and require some kind of significant attention from that employee.
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