Fair Employment & Housing Act Expansion

Several bills have been introduced that would expand California’s Fair Employment and Housing Act (FEHA), which currently prohibits employers from denying an individual’s right to seek, obtain and hold employment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, gender, gender identity, age or sexual orientation. 

AB 556 (Salas) – Pending
As Introduced on February 20, 2013

Assembly Bill 556, by Assembly Member Rudy Salas, would expand the bases on which discrimination is prohibited under FEHA to include an active member or veteran of the military (defined within the bill as the United States Armed Forces, United States Armed Forces Reserve, California National Guard and the United States National Guard).

It should be noted that protection against discrimination and retaliation for members of the armed forces currently exists under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) as well as Section 394 of the California Military and Veterans Code. Employees can pursue claims of discrimination under one or both of those laws.

AB 556 is awaiting a hearing in the Assembly Judiciary Committee.

SB 292 (Corbett) – Pending
As Introduced on February 14, 2013

Senate Bill 292, by Senator Ellen Corbett, would expand the definition of “harassment because of sex” within FEHA.

Current law protects employees from “harassment because of sex” and defines it to include sexual harassment, gender harassment, and harassment based on pregnancy, childbirth or related medical conditions. SB 292 would expand that definition to include threats of sexual violence. The bill would also specify that an act is sexual harassment regardless of the harasser’s orientation, sexual desire, or intent.

SB 292 is awaiting a hearing in the Senate Judiciary Committee.

SB 400 (Jackson) – Pending
As Introduced on February 20, 2013

Senate Bill 400, by Senator Hannah-Beth Jackson, would expand the bases on which discrimination is prohibited under FEHA to include a person’s status as a victim of domestic violence, sexual assault or stalking. The bill further specifies what reasonable accommodations an employer must make for such victims, including transfer, reassignment, a modified schedule, changed work station and/or telephone, and assistance in documenting domestic violence, sexual assault or stalking that occurs at the work place.

Additionally, SB 400 would allow an employee to bring civil action in a superior court in the appropriate county if he or she is discharged, threatened with discharge, demoted, suspended, or denied a reasonable accommodation due to their status as a victim of domestic violence, sexual assault or stalking.

SB 400 has been double-referred to the Senate Labor and Employment Committee and the Senate Judiciary Committee.

SB 404 (Jackson) – Pending
As Introduced on February 20, 2013

Senate Bill 404, by Senator Hannah-Beth Jackson, would expand FEHA by including “familial status” as a basis upon which an employer cannot discriminate with regard to the individual’s right to seek, obtain and hold employment.

The bill defines “familial status” as an individual who provides medical or supervisory care to a family member and specifies family as: a child, parent, spouse, domestic partner, parent-in-law, sibling, grandparent, or grandchild.

SB 404 is awaiting a hearing in the Senate Judiciary Committee.

Family Temporary Disability Insurance Program

Created in 2002, the Family Temporary Disability Insurance Program, more popularly known as the Paid Family Leave (PFL) program extends disability compensation to employees who take time away from work to care for a seriously ill child, parent, spouse or domestic partner, or to bond with a new child (both biological and those adopted and/or fostered). The PFL program is funded through employee contributions to the State Disability Insurance (SDI) program; that rate calculation is based on the funding needs for both the SDI and PFL programs. Employees may not receive PFL benefits while receiving SDI, unemployment insurance or workers’ compensation benefits; additionally, those employees who are eligible for leave under the Family Medical Leave Act and the California Family Rights Act must take PFL concurrently with those Acts. Further, employees cannot be paid more than six weeks of PFL benefits within a 12-month period.

SB 761 (DeSaulnier) – Pending
As Introduced on February 22, 2013

Senate Bill 761, by Senator Mark DeSaulnier, would prohibit employers or an agent of an employer to discriminate against or discharge an employee because he or she has applied for, used or indicated intent to apply for or use PFL benefits.

SB 761 is awaiting assignment to a policy committee.

SB 770 (Jackson) – Pending
As Introduced on February 22, 2013

Senate Bill 770, by Senator Hannah-Beth Jackson, would expand the scope of the PFL program by extending its benefits to employees that take time from work to care for a seriously ill grandparent, grandchild, sibling or parent-in-law.

SB 770 is currently awaiting assignment to a policy committee.