Disability Discrimination

Associational Discrimination

September 12, 2019 | Davis & Wojcik

Luis Castro–Ramirez worked as a truck driver for Dependable Highway Express, Inc. For several years, Castro-Ramirez’ supervisors permitted him to work an earlier shift so that he could be home each evening to administer dialysis for his disabled son.

In 2013, a new supervisor placed Castro-Ramirez on a later work schedule. Castro-Ramirez objected because the shift would not allow him to be home early enough in the evening to tend to his disabled son. The supervisor terminated Castro-Ramirez, claiming he “had quit by choosing not to take the assigned shift.” Castro–Ramirez sued alleging disability discrimination. Castro-Ramirez v. Dependable Highway Express, Inc., (Ct. App. 2016) 2 Cal. App. 5^th 1028, 1031.

The Fair Employment and Housing Act (“FEHA”), prohibits employers from discriminating against an employee on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Gov. Code § 12926.

An Employment Lawyer’s Guide to Pregnancy

June 18, 2019 | Davis & Wojcik

Pregnancy is a life-changing experience. Many blogs cover the physical and emotional challenges of pregnancy, but this post is intended to be a step-by-step of guide to the legal rights of expectant mothers in the workplace.

Morning Sickness

Among the many “joyful” experiences of pregnancy is first trimester morning sickness – a nauseous feeling caused by increased hormones. The term is a misnomer because morning sickness can occur at any time of the day – even during work hours.

Can I Terminate an Employee Who Doesn’t Return from Medical Leave?

October 8, 2018 | Davis & Wojcik

In California, covered employers are required to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, such as an employee’s serious health condition. But what happens if the employee is unable to return to work after the protected leave expires? When can an employer hire someone else to fill that position?

Our firm gets this question often from employers who feel they are being “held hostage” by employees who are unable to return to work. Their business suffers from an insufficient workforce, but it will suffer more if accused of disability discrimination.

Under the Family Medical Leave Act (“FMLA”) and the California equivalent, the California Family Rights Act (“CFRA”), an employer is only required to make an offer of equivalent employment. However, the Americans with Disabilities Act (“ADA”) and workers’ compensation laws create additional obligations to “reasonably accommodate” the employee’s disability.