New Law: Requesting Accommodation Constitutes Protected Activity Under the FEHA

On July 15, 2015 Governor Brown signed into law AB 987, reversing the holding of Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635, where the Court of Appeal had held, among other things, that the Plaintiff could not state a retaliation cause of action under the FEHA because his request for leave did not constitute protected activity.  AB 987 adds subsections (1)(4) and (m)(2) to Government Code section 12940, providing that a request for reasonable accommodation on the basis of religion or disability constitutes protected activity, regardless of whether the request was granted.