Preventing Workplace Harassment, Discrimination, and Retaliation

employer may be liable in such cases even if its belief was reasonable and even if its decision was not motivated by ill-will or animosity toward the protected category. 64

Case Study on Association Discrimination

Castro-Ramirez v. Dependable Highway Express 65 Castro-Ramirez had a son who required daily dialysis and Castro-Ramirez was the only one trained to administer it to him. Castro-Ramirez was employed as a truck driver and for years, his employer accommodated his request to work earlier shifts so he could go home at night and administer the dialysis. Castro- Ramirez’s new supervisor, however, refused to assign him earlier shifts. The new supervisor assigned Castro-Ramirez to a late shift and a long route that would have made it difficult for Castro-Ramirez to return home to tend to his son. Castro-Ramirez refused to work it and Employer terminated him. The Court found that FEHA requires employers to reasonably accommodate employees who are associated with a disabled person. In this case, there was sufficient evidence to create a triable issue of fact for a jury on the question of whether Employer discriminated against Castro-Ramirez based on his association with his son.

D ISCRIMINATION

Section 4

Unlawful discrimination means treating an employee or job applicant differently than others because of that person’s actual or perceived protected status. The different treatment must relate to the terms and conditions of employment, and be reasonably likely to negatively affect an employee’s job performance or prospects for advancement or promotion. 66 An employee or job applicant can claim discrimination if the different treatment deprives or tends to deprive the employee or job applicant of employment opportunities or employment status. 67 It is also discrimination to fail to provide reasonable accommodations to an employee or applicant with a disability. In addition to harassment and retaliation claims, which are discussed more throughout these materials, a discrimination claim may also be based on the following grounds:  Disparate Treatment: Treating an individual differently because of his/her protected status; and  Disparate Impact: A facially neutral policy or practice that has a negative impact on a protected group of persons, such as older persons or a particular racial group. A. D ISPARATE T REATMENT Intentional discrimination—or “disparate treatment”—occurs when an employer impermissibly considers characteristics such as race, religion, age, sex, etc., when making an employment

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 17