FEHA Disability Discrimination

September 2, 2016

Castro-Ramirez v. Dependable Highway Express


Plaintiff Luis Castro-Ramirez sued his former employer, Dependable Highway Express, Inc. (DHE), alleging causes of action for disability discrimination, failure to prevent discrimination, and retaliation under the Fair Employment and Housing Act (FEHA or the Act) (Gov. Code, § 12900 et seq.), as well as wrongful termination in violation of public policy.  (He alleged other claims not pursued on appeal.)  Plaintiff’s son requires daily dialysis, and according to the evidence, plaintiff must be the one to administer the dialysis.  For several years, plaintiff’s supervisors scheduled him so that he could be home at night for his son’s dialysis.  That schedule changed when a new supervisor took over and ultimately terminated plaintiff for refusing to work a shift that did not permit him to be home in time for his son’s dialysis.  The trial court granted defendant’s motion for summary judgment and denied plaintiff’s motion to tax costs.


We reverse the judgment and the order denying the motion to tax costs.  Plaintiff has demonstrated triable issues of material fact on his causes of action for associational disability discrimination, failure to prevent discrimination, retaliation, and wrongful termination in violation of public policy.



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