Rope

Rope v. Auto-Chlor System of Washington, Inc.

Caution
163 Cal. Rptr. 3d 392·2013 Cal. App. LEXIS 832·220 Cal. App. 4th 635·2013 WL 5631616·28 Am. Disabilities Cas. (BNA) 1086
Court of Appeal of CaliforniaOctober 16, 2013B242003California8,860 words

Opinion

Opinion

Johnson, J.

When he was hired in September 2010, plaintiff Scott Rope informed his employer, defendant Auto-Chlor System of Washington, Inc. (Auto-Chlor), he planned in February 2011 to donate a kidney to his physically disabled sister and requested that he be given leave to do so. Rope later requested that the leave be extended and paid under the then newly enacted Michelle Maykin Memorial Donation Protection Act (DPA), Labor Code sections 1508-1513, which would become effective January 1, 2011. Rope was fired two days before the DPA became effective. He sued his former employer for violation of the DPA and other provisions of the Labor Code, violation of the California Fair Employment and Housing Act (FEHA), Government Code section 12940 et seq., and wrongful termination in violation of public policy.

Rope appeals from the judgment of dismissal entered after the trial court sustained general demurrers to his first and second amended complaints without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) We conclude that Rope has pleaded facts sufficient to support a claim for association-based disability discrimination and failure to maintain a discrimination-free workplace in…

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