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Ex-Costco worker who took leave to care for wife with cancer may proceed with disability bias claim
- A former Costco employee can proceed with a lawsuit alleging disability bias in California.
- The ex-employee took continuous leave to care for his wife with cancer but was denied further leave extensions.
- He resigned after being denied an extension and sought reinstatement after his wife's passing.
- The court allowed some claims to proceed, including failure to accommodate and wrongful termination.
- The case reveals complexities when federal and state leave laws intersect with employer policies.
- Costco's maximum leave policy was 12 months, including federal, state, and personal medical leave.
- The plaintiff exhausted FMLA and CFRA leave caring for his wife and later for his own health condition.
- Costco denied a leave extension as the plaintiff hadn't worked enough hours to qualify for more leave.
- The plaintiff alleged Costco discriminated against him based on his association with his disabled wife.
- The court found no discriminatory animus in termination but identified failure in the interactive process.
- Courts weigh leave extension requests on a case-by-case basis, considering reasonableness and engagement in the interactive process.
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