California Court of Appeal

Dismissal of plaintiff's complaint against defendant employer alleging violations of the Donation Protection Act (DPA) and other provisions of the Labor Code, violation of the Fair Employment and Housing Act, the Fair Employment and Housing Act (FEHA), and wrongful termination in violation of public policy, when he was fired after advising his employer that he planned to donate a kidney to his physically disabled sister and requested leave to do so, is: 1) affirmed in part, where the trial court properly sustained without leave to amend demurrers to plaintiff's claims for violations of the DPA, violations of the Labor Code, and for direct or perceived disability discrimination under FEHA; and 2) reversed in part, where plaintiff has pleaded facts sufficient to support a claim for association-based disability discrimination and failure to maintain a discrimination free workplace in violation of FEHA, and a common law claim for wrongful termination in violation of public policy.

Appellate Information

• Decided 10/16/2013
• Published 10/16/2013

Judges

• JOHNSON

Court

• California Court of Appeal

Counsel