This Law Firm Publication by Jackson Lewis LLP discusses the California Court of Appeal's recent decision in Rope v. Auto-Chlor System of Washington, Inc., allowing an employee's claim for associational disability discrimination under the California Fair Employment and Housing Act (FEHA) to proceed where his claim under the Michelle Maykin Donor Protection Act (DPA) could not. The plaintiff requested leave to donate a kidney to his sister under the newly enacted DPA before it became effective. His employer terminated him two days before the DPA became effective, and the plaintiff sued under both the DPA and the FEHA. The California Court of Appeal found that there was a reasonable inference the employer acted preemptively to avoid an expense under the DPA and that the plaintiff's FEHA claim could proceed, but that he could not assert a claim under the DPA because it does not apply retroactively.