Seyfarth Synopsis: California court creates new
duty to accommodate employees who, although not themselves
disabled, are associated with a disabled person.
The Court of Appeal decision in Castro-Ramirez v. Dependable
Highway Express is a stark reminder of the adage that hard
facts make bad law. Castro-Ramirez holds that
California's Fair Employment and Housing Act—which
requires employers to accommodate employees with
disabilities—also requires employers to accommodate employees
who simply are associated with a person with a disability.
The Facts
Luis Castro-Ramirez drove truck routes for Dependable Highway
Express, Inc. Upon hire, Ramirez notified DHE that his son required
daily dialysis, and requested a schedule that would permit him to
administer his son's dialysis in the evening. DHE accommodated
that request for several years. His supervisors planned his routes
so that he would be home in time to care for his son.
