Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016)

Luis Castro-Ramirez sued his former employer, Dependable Highway Express, Inc., for "associational disability discrimination," failure to prevent discrimination and retaliation under the California Fair Employment and Housing Act ("FEHA") and wrongful termination. Castro-Ramirez's son requires daily dialysis, and Castro-Ramirez must administer the treatment to his son. Castro-Ramirez's supervisors had for several years scheduled his work so that he could be at home to administer the dialysis, but that accommodation changed when a new supervisor took over and terminated Castro-Ramirez for refusing to work a shift that did not permit him to be home in time to administer the dialysis. The trial court granted the employer's motion for summary judgment, but the Court of Appeal (over a strong dissent) reversed, holding that FEHA creates a duty on the part of the employer "to provide reasonable accommodations to an applicant or employee who is associated with a disabled person," not just to applicants and employees who themselves are disabled (citing Cal. Gov't Code § 12926(o) ("physical disability" includes a perception that a person is associated with a person who has, or is perceived to have, a disability)). See also Wallace v. County of Stanislaus, 245 Cal. App. 4th 109 (2016) (Harris v. City of Santa Monica, 56 Cal. 4th 203 (2013) does not require an alleged victim of disability discrimination to prove “animus or ill will,” onlythat discriminatory intent was a substantial motivating factor/reason for the 
employer’s actions).