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New Laws for 2016: Accomomodation Request a Protected Activity (CA)


Last summer, California Governor Jerry Brown signed a bill into law, Assembly Bill No. 987, which amended California's Fair Employment and Housing Act ("FEHA").  Under this amendment, an employer is prohibited from retaliating and/or otherwise discriminating against a person that requests an accommodation as a result of his/her disability or religious belief, regardless of whether the request for accommodation is granted.

For those not familiar with California labor & employment laws, this bill was a result of a 2013 California Court of Appeal case that held a fired employee could proceed with a lawsuit against an employer who allegedly discriminated against the employee based upon his association with his disabled sister to whom he planned to donate a kidney.  In that case, Rope v. Auto-Chlor System of Washington, Inc., an employee was hired by Auto-Chlor and informed them that he would need time off to donate a kidney to his sister.  The employee requested time off for the transplant but was continually told by management that they would "look into it."  The employee also told Auto-Chlor that he might need some accommodation upon his return from leave.  Although the employee had satisfactory performance reviews, Auto-Chlor terminated him.  As a result of a lack of prior California caselaw on the matter, the Court looked to the Seventh Circuit and held that the employee could proceed with his suit as a result of apparent discrimination by Auto-Chlor.

Note, this law became effective January 1, 2016.


A copy of Assembly Bill No. 987 can be found here:  https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB987

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