This bill was in direct response to the decision in Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (2013), which found that an employee who merely makes a request for an accommodation does not engage in protected activity for purposes of a FEHA retaliation claim. Under this bill, the Government Code is amended to make clear that a request for reasonable accommodation based on religion or disability constitutes protected activity under Section 12940 of the Government Code, such that when a person makes such a request, he or she is protected against retaliation for making the request. Pursuant to the new law, the Legislature intends: (1) to make clear that a request for reasonable accommodation on the basis of religion or disability is a protected activity; and (2) provide protection against retaliation when an individual makes a request for reasonable accommodation under FEHA, regardless of whether the request was granted.
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The Labor & Employment Group is dedicated to providing up-to-date, useful information to allow employers and human resources professionals to react to rapidly evolving case law, statutes, and regulations that control the California workplace. This blog’s objective is to serve as a forum to discuss labor and employment topics, issues and legal news.