Governor Brown recently signed an amendment to California’s anti-discrimination law, the Fair Employment and Housing Act (FEHA), to protect employees who seek reasonable accommodation for their disabilities or religion. The amendment responds to the holding of a California Court of Appeals decision in Rope v. Auto-Chlor that held requesting reasonable accommodation was not “protected activity” for purposes of a retaliation lawsuit under FEHA.
In Rope, the plaintiff requested reasonable accommodation and was fired a short time later. The Court of Appeals, however, found that requesting accommodation did not constitute “opposition” to discrimination and dismissed the plaintiff’s retaliation claims.
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