Department of Fair Employment & Housing C hanges to the FEHA in 2012

1. Department of Fair Employment & HousingChanges to the FEHA in 2012 An overview for HR Professionals and Attorneys Annmarie Billotti | Chief of Mediation Department of Fair Employment & Housing State of California www.dfeh.ca.gov

2. AB 592 (Lara) (Stats. 2011, ch. 678.) • Expressly prohibits employers from interfering with the exercise of any right provided under California’s Family Rights Act (CFRA) or Pregnancy Disability Leave law (PDL). • Clarifies existing law by conforming the Fair Employment and Housing Act (FEHA) to the federal Family and Medical Leave Act (FMLA). • Amended: Government Code sections 12945 and 12945.2.

3. AB 887 (Atkins) (Stats. 2011, ch. 719.) • Clarifies that the definitions of gender and sex in 34 specified statutes include gender identity and gender expression. • Adds to the list of protected bases throughout the FEHA the terms gender, gender identity and gender expression. • Amended: Government Code sections 12920, 12921, 12926, 12930, 931,12935, 12940, 12944, 12949, 12955, 12955.8, 12956.1, and 12956. (Also amended the Unruh Civil Rights Act, Civil Code section 51.)

4. SB 299 (Evans) (Stats. 2011, ch. 510.) • Requires the continuation of employer-provided group health insurance benefits for up to 4 months in a 12-month period while an employee is on pregnancy disability leave. • Intended to ensure that women who work for California employers with 5 to 49 employees do not lose their health insurance if they become disabled by pregnancy, childbirth or a related medical condition. • Amended: Government Code section 12945.

5. SB 559 (Lara) (Stats. 2011, ch. 261.) • Adds genetic information to the list of protected bases throughout the FEHA. • Intended to codify in state law the protections afforded under the federal Genetic Information and Nondiscrimation Act (GINA). • Before the GINA was enacted by Congress in 2008, the FEHA had already protected Californians from discrimination on the basis of genetic characteristics. • Amended: Government Code sections 11135, 12920, 12921, 12926, 12926.1, 12930, 12931, 12935,12940, 12944, 12955, 12955.8, 12956.1, 12956.2, and 12993. (Also amended the Unruh Civil Rights Act, Civil Code section 51.)

6. AB 1814 (Buchanan) (Stats. 2010, ch. 130.) • Provides that bridge retiree health benefits, which either cease or are reduced when a retiree becomes eligible for Medicare at age 65, do not violate the FEHA’s prohibition against age discrimination in employment. • Intended to conform the FEHA to the federal Age Discrimination in Employment Act (ADEA). • Amended: Government Code section 12940.

7. AB 22 (Mendoza) (Stats. 2011, ch. 724.) • Prohibits an employer from obtaining a consumer credit report to evaluate a job applicant’s qualifications unless the position the applicant seeks is: • (1) managerial; • (2) in the state Department of Justice; • (3) a sworn peace officer or other law enforcement position; • (4) any position for which the law requires disclosure of the information contained in a consumer credit report; • (5) involves regular access, for any purpose other than the routine processing of credit card applications in a retail establishment, to personal and financial information;

8. AB 22 (Mendoza) (Stats. 2011, ch. 724.) • (6) a position in which the incumbent would be a named signatory on the employer’s bank or credit card account, or would be authorized to transfer money or to enter into financial contracts on behalf of the employer; • (7) involves access to confidential or proprietary information; • (8) involves regular access to cash totaling $10,000 or more during the workday. • Amended: Civil Code section 1785.20.5. • Added: Labor Code section 1024.5. • Enforced by the Division of Labor Standards Enforcement (DLSE) within the Department of Industrial Relations (DIR).

9. AB 243 (Alejo) (Stats. 2011, ch. 671.) • Requires employers who are farm labor contractors to list on laborers’ wage statements the name and address of the grower or other farm labor contractor that secured the employer’s services. • Intended to provide transparency in growers’ hiring practices to enhance labor and employment law enforcement. • Amended: Labor Code section 226. • Enforced by the Division of Labor Standards Enforcement (DLSE) within the Department of Industrial Relations (DIR).

10. SB 117 (Kehoe) (Stats. 2011, ch. 231.) • Prohibits a state agency from entering into a contract for $100,000 or more with a contractor that fails to provides the same benefits to employees with spouses or domestic partners of a different sex that it provides to employees with spouses or domestic partners of the same sex. • Intended to extend the protections of California’s Equal Benefits Law to the more than 18,000 same sex couples who were married in California during 2008. • Amended: Public Contract Code section 10295.3.

11. Pending FEHA Legislation • AB 1964 (Yamada): Religious accommodation clarification. • AB 1999 (Brownley): Family caregiver status protection. • AB 2039 (Swanson): Family and medical leave expansion. • AB 2386 (Allen): “Sex” includes breastfeeding; declaratory of existing law. • Budget Trailer Bill 20: Implementation of proposed Fair Employment and Housing Commission elimination.

12. Thank you for your participation!Questions? www.dfeh.ca.gov contact.center@dfeh.ca.gov(800) 884-1684Videophone (916) 226-5285