CaliforniaOn October 7, 2016, Dependable Highway Express filed a petition asking the California Supreme Court to review a decision to allow a non-disabled employee to pursue his claim of association based disability discrimination.  The employee alleged that he was terminated from employment after he made complaints about changes to his work schedule which impacted his ability to be at home during his disabled son’s treatments.   At issue is an appellate court’s decision to reverse a grant of summary judgment given to an employer.  In deciding to allow the case to go forward, the appellate court found that a reasonable juror could find that the employee’s complaints, which were close in time to his termination, could be evidence of associational disability under the Fair Employment and Housing Act.  As we have reported previously, the California courts continue to grapple with whether a failure to accommodate a non-disabled employee can lead to liability for association discrimination. Under California’s Rules of Court, the California Supreme Court has until December 6, 2016 to decide if it will review the matter or give itself a 30-day extension of time to further consider review.   If the California Supreme Court takes no action by December 6, 2016, the petition for review will be deemed denied.  We are monitoring this case and will provide an update as more information becomes available.