Bill Would Add “Family Responsibilities” as Protected Class

Pending Assembly Bill (AB) 2182 would add “family responsibilities”— “the obligations of an employee or applicant to provide care for a minor child or care recipient” –  to the ever-growing list of classes protected from discrimination by employers with five or more employees under the Fair Employment and Housing Act.

Under proposed new Government Code 12940.5, unless there is an undue hardship, employers would have to make accommodations for employees to provide such care, including:

• Time off (with use of available paid options);
• Temporary or part-time work, schedule change, or switching time with other employees;
• Being excused from mandatory overtime;
• Temporary change in job duties;
• Working remotely;
• Allowing employee to communicate by phone with child, care recipient, or care provider;
• Excusing employee from tardiness or attendance policies.

Employers that would like to provide feedback on this bill can contact their Assembly members.

Take-Away: Employers of five or more should watch this blog or signup for our E-letterfor information on this potential law and will need to accommodate employees with family responsibilities should it pass.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• High Time Off: Discrimination Protections Pending for Cannabis Users (April 22, 2022)
• Cautionary Tale Episode 49 Mom Discrimination: Black Employee Charges Walmart’s Unequal Treatment (March 3, 2022)
• Workplace Discrimination Prevention: California’s Fair Employment And Housing Act, A History (March 26, 2021)

Helena Kobrin
May 11, 2022