BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 987


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          Date of Hearing:  April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          987 (Levine) - As Introduced February 26, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY: This bill revises provisions of the Fair Employment and  
          Housing Act (FEHA) to make it an unlawful for an employer or  
          other covered entity to retaliate or otherwise discriminate  
          against a person for requesting an accommodation for physical or  
          mental disability or religious belief or observance, regardless  
          of whether the request was granted.









                                                                     AB 987


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          FISCAL EFFECT:  Minor/absorbable costs to the Department of Fair  
          Employment and Housing (DFEH) to investigate claims based solely  
          on retaliation.  According to DFEH, this bill likely would  
          result in very few new cases that would not have otherwise been  
          accepted and investigated by DFEH.  


          COMMENTS:  


          1)Purpose. Federal and state laws make it illegal to  
            discriminate against a job applicant or an employee because of  
            the person's race, color, religion, sex (including pregnancy),  
            national origin, age, disability or genetic information. The  
            Equal Employment Opportunity Commission (EEOC) and the FEHA  
            explicitly prohibit retaliation by an employer because an  
            individual engaged in protected activity.  This bill,  
            sponsored by the California Employment Lawyers Association  
            (CELA), clarifies an employee cannot be retaliated against for  
            requesting a reasonable accommodation for a disability or  
            religion.   


          2)Background. In October of 2013, the appellate court in Rope v.  
            Auto-Chlor held that an employee's request for a reasonable  
            accommodation is not protected from employer retaliation. 


            The plaintiff in the case informed his employer at the time of  
            hiring (September 2010) that he planned to donate a kidney to  
            his disabled sister in February 2011.  On January 1, 2011, the  
            Michelle Maykin Memorial Donation Protection Act went into  
            effect, which provides employees paid, job-protected leave for  
            organ and bone-marrow donation.  However, two days before the  
            law went into effect, the plaintiff was terminated by the  
            employer.










                                                                     AB 987


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            The plaintiff filed suit and the Court held that he had  
            pleaded sufficient facts to support a claim for  
            associational-based disability discrimination, however, the  
            Court dismissed a number of his other claims, including  
            retaliation under FEHA. Specifically, the court found "no  
            support in the regulations or case law for the proposition  
            that a mere request - or even repeated requests- for an  
            accommodation, without more, constitutes a protected activity  
            sufficient to support a claim for retaliation in violation of  
            FEHA."


            According to the sponsor, without clarification of FEHA, an  
            employer can terminate an employee who requests a reasonable  
            accommodation, and the employee will have no legal recourse to  
            claim retaliation.


          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081