Castro-Ramirez v. Dependable Highway Express
Annotate this CaseAfter plaintiff was terminated for refusing to work a shift that did not permit him to be home in time for his son's dialysis, plaintiff filed suit against DHE alleging claims for disability discrimination, failure to prevent discrimination, and retaliation under the Fair Employment and Housing Act (FEHA), Gov. Code, 12900 et seq., as well as wrongful termination in violation of public policy. For several years, plaintiff’s supervisors scheduled him so that he could be home at night for his son’s dialysis. That schedule accommodation changed when a new supervisor took over. The court concluded that plaintiff has demonstrated triable issues of material fact on his causes of action for associational disability discrimination, failure to prevent discrimination, retaliation, and wrongful termination in violation of public policy. Accordingly, the court reversed the trial court's grant of defendant's motion for summary judgment and denial of plaintiff's motion to tax costs.
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