Calif. Creates More Confusion For Employment Leave Laws

Law360, New York (April 22, 2016, 10:22 AM EDT) -- Employers and employees alike should be wary of a California court of appeal's recent 2-1 decision in Castro-Ramirez v. Dependable Highway Express Inc.[1] The majority went out of its way to hold that California's Fair Employment and Housing Act (FEHA) — California's anti-discrimination statute, not its family or medical leave law — requires employers to provide reasonable accommodation to an employee or applicant based solely on that individual's association with a disabled person, regardless of whether that individual himself or herself is disabled or in need of accommodation. This holding appears incorrect not only in the context of the case and the FEHA, but also the complex statutory scheme governing workplace accommodations and leaves of absence. Castro-Ramirez will likely confuse what is already a tangled area of the law....

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