Takeaway: An employee who was fired after he took time off on an emergency basis to care for his disabled father could go forward with his claim for disability-based associational discrimination.
An employee who was terminated from his job after he took time off on an emergency basis to care for his disabled father could proceed with his claim under the California Fair Employment and Housing Act (FEHA) for disability-based associational discrimination, a California appeals court recently held. A lower court had dismissed the claim before trial.
The employer, which operates an automotive parts distribution facility, hired the employee as a general assembly worker. He later worked as a machine operator and then in the packing department.
From his hire in 1999 until October 2015, the employee received mostly positive annual performance reviews. In 2015, the employee began working as a "closer" in the packing department, packaging orders for shipment. His supervisor required everyone in his department to sign in and punch in on the time clock at the start of every work shift. The employee had been signing in as required. However, on Dec. 4, 2015, he refused to sign in for his shift. The employee was cited for insubordination and agreed to sign in going forward.
The employee was cited two more times for insubordination in February and March 2016 for failure to follow his supervisor's directives and for using profanity toward his supervisor.
In December 2016, the employee's...
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