Employees Requesting Accommodation Are Now
Protected
On July 16, 2015, Governor Brown signed into law AB 987,
amending the California Fair Employment and Housing Act (FEHA) to
reflect what many already believed to be the law: employers and
other covered entities cannot retaliate against employees or other
persons who request a religious accommodation or an accommodation
for a disability. Effective on January 1, 2016, AB 987 establishes
that requesting such an accommodation is a protected activity under
the FEHA, regardless of whether the accommodation is granted.
New Law Overturns Court Case
Didn't FEHA already prohibit retaliation against those
requesting an accommodation? The answer depends on whom you ask.
For years, employee advocates believed the answer was
"yes" and filed lawsuits claiming this type of
retaliation was barred under the statute. It was not uncommon for a
religious or disability accommodation lawsuit to also allege
retaliation for having
