Page 29 - CPAAC_Fall2016

PAGE 11 9/27/2016

PAGE 12Legal Update

Associational Disability Discrimination – Castro v. Dependable Highway Express,
Inc. 246 Cal.App.4th 180 (2016)

FACTS

• Castro-Ramirez (P) was employed by Dependable Highway Express (D).
• P had good performance evaluations and no employment issues.
• P’s son required daily dialysis, which P had to administer.
• D accommodated P for a number of years.
• P’s ability to work varied, depending on his son’s condition and the amount of time

he needed to be connected to the dialysis machine.
• In March 2013, P received a new supervisor who was made aware of P’s scheduling

needs.
• In March 2013, P complained that his supervisor had changed his hours and that he

was unable to tend to his son.
• Supervisor was informed of the complaint.

Legal Update

Associational Disability Discrimination – Castro v. Dependable Highway Express,
Inc. 246 Cal.App.4th 180 (2016)

FACTS

• In April 2013, one of D’s customers requested that P do its deliveries at 7am, which is
the way it had always been done. When P asked supervisor about deliveries to this
customer, the supervisor lied and said the customer did not like P’s work and did not
want P to make deliveries.

• On April 22, P’s supervisor assigned P a late shift (11:55am – 9pm). P completed the
shift and was able to help his son.

• On April 23, the supervisor assigned P a shift that started at 12pm (w/ a lengthier
route). P told his supervisor he could not complete the shift because he needed to
tend to his son.

• Supervisor terminated P. On the day P was terminated, the supervisor scheduled
eight other drivers to start shifts before noon.

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