Curiouser and Curiouser: Expansion of the Duty to Reasonably Accommodate Disability
Apr 04, 2016
Burke Employment Law Update
For the first time, the California Court of Appeal held that the Fair Employment and Housing Act (“FEHA”) creates a duty to reasonably accommodate an applicant or employee who is associated with a disabled person. The holding of Castro-Ramirez v. Dependable Highway Express, Inc. is unprecedented and there is a possibility that it will be appealed to the California Supreme Court. However, based on this decision, California employers are required to engage in a good faith interactive process to consider reasonable accommodations for an employee or applicant who associates with a disabled person.