A California state appeals court recently held that a worker fired after taking emergency time off to care for his disabled father could proceed on his claim for disability-based associational discrimination under the California Fair Employment and Housing Act (FEHA). The court below had dismissed his claim before trial. The case is Leyva v. Motorcar Parts of America, Calif. Ct. App., No. B307525 (April 20, 2023).
Facts of the Case
The employee began working for the automotive parts distribution facility in 1999 as a general assembly worker. He received mostly positive employment reviews until December 2015, when he refused to sign in for his shift as a “closer” in the packing department as required. His supervisor cited him for insubordination, and he agreed to sign in for his shifts in the future.
In early 2016, the employee’s supervisor cited him for insubordination twice more. In December 2016, the supervisor informed managers that the employee left at the end of his scheduled shift, but before orders were closed and without informing anyone, which he was required to do. The employee advised that he had to leave at the end of his scheduled shift to be available for his father, who was hospitalized, and he then received no citation or other discipline from the employer.
An HR representative met with the employee on December 28, 2016, and advised him that he could take unpaid family leave time to care for his father. The employee stated that he could not afford to take unpaid leave but would use vacation time when he needed to care for his father. In late 2016 and early 2017, the employee took three days of vacation leave to care for his father during medical emergencies. Each day that he needed to take the day off, he notified his supervisor that same day.
On the same day the supervisor approved the employee’s third vacation day request, he advised the employee that he was moving him to a new position within the department. The employee stated he wanted to stay in the same job and reported to work the next day at his usual time. The supervisor fired him for insubordination, and this lawsuit ensued.
The Employee’s Associational Discrimination Claim
The FEHA prohibits employers from taking adverse employment actions against employees based on their protected statuses, including physical disability. The definition of “disability” includes association with someone with a physical disability. Therefore, FEHA not only prohibits discrimination against someone with a disability, but also discrimination against someone who associates with another person with a disability, or “associational discrimination.”
An individual can establish a case for associational discrimination by providing evidence that an employer had a motive to discriminate against a nondisabled employee who is associated with a disabled employee. For instance, the individual could show evidence that the employer viewed the employee’s association with the disabled person as an expense or distraction.
In this case, the employee provided sufficient evidence to raise an issue of fact as to whether the employer viewed his need for time off to care for his disabled father as a distraction and inconvenience. The employer took steps to single out the employee and change his job and then fired him directly after the employee requested a day off at the last minute for the third time in three months. The employee’s supervisor testified that the department was short-staffed, and other employees complained about the employee taking days off without notice.
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