[US] Family caregiver status added to California’s prohibited discrimination code

[US] Family caregiver status added to California’s prohibited discrimination code
27 Feb 2023

A proposed California employment law would hold employment without discrimination because of family caregiver status as a civil right, California Globe reports.

Assembly Bill 524 was introduced to add family caregiver status to the list of prohibited bases of discrimination in the state of California. AB 524 would amend Government Code Sections 12920, 12921, 12926, and 12940.

If passed, AB 524 would reportedly prohibit employment discrimination on account of family caregiver status and would recognise the opportunity to seek, obtain, and hold employment without discrimination because of family caregiver status as a civil right. Section 1 of the bill would amend Government Code Section 12920 to add “family caregiver status” to the list of 19 current characteristics that it is the public policy of this state to protect and safeguard.

Section 2 of the bill would amend Government Code Section 12921 to add “family caregiver status” to the list of 19 current characteristics for which employment discrimination is prohibited. Section 3 of the bill would amend Government Code Section 12926 to add “family caregiver status” to the definition of the phrase “on the bases enumerated in this part.”

In addition, the bill would add “family caregiver status” to the list of 19 current characteristics for which discrimination can also occur due to a “perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.”

The bill would define the term “family caregiver status” to mean a person who is a contributor to the care of one or more family members. For purposes of this subdivision, “family member” reportedly means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or any other individual related by blood or whose association with the employee is the equivalent of a family relationship.

Section 4 of the bill would amend Government Code Section 12940 to add “family caregiver status” to the list of 19 current characteristics for which it is an unlawful employment practice to discriminate against a person with any of these listed characteristics. This provision is not intended to affect the right of an employer to reasonably regulate the working of spouses in the same place of employment or prohibit health plans from providing better benefits to employees with dependents.

For a labour organisation, it would also reportedly add “family caregiver status” to the list of 19 current characteristics that are prohibited from being excluded or restricted from membership in a union, or to discriminate against such a person, as well as to prohibit discrimination on such a basis for apprenticeship training programs.

The bill would also add “family caregiver status” to the list of 19 current characteristics that are prohibited from being discriminated against in any publications or nonjob-related inquiries, as well as prohibitions against harassment of employees, applicants for employment, unpaid interns and volunteers.


Source: California Globe

(Link and quotes via original reporting)

A proposed California employment law would hold employment without discrimination because of family caregiver status as a civil right, California Globe reports.

Assembly Bill 524 was introduced to add family caregiver status to the list of prohibited bases of discrimination in the state of California. AB 524 would amend Government Code Sections 12920, 12921, 12926, and 12940.

If passed, AB 524 would reportedly prohibit employment discrimination on account of family caregiver status and would recognise the opportunity to seek, obtain, and hold employment without discrimination because of family caregiver status as a civil right. Section 1 of the bill would amend Government Code Section 12920 to add “family caregiver status” to the list of 19 current characteristics that it is the public policy of this state to protect and safeguard.

Section 2 of the bill would amend Government Code Section 12921 to add “family caregiver status” to the list of 19 current characteristics for which employment discrimination is prohibited. Section 3 of the bill would amend Government Code Section 12926 to add “family caregiver status” to the definition of the phrase “on the bases enumerated in this part.”

In addition, the bill would add “family caregiver status” to the list of 19 current characteristics for which discrimination can also occur due to a “perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.”

The bill would define the term “family caregiver status” to mean a person who is a contributor to the care of one or more family members. For purposes of this subdivision, “family member” reportedly means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or any other individual related by blood or whose association with the employee is the equivalent of a family relationship.

Section 4 of the bill would amend Government Code Section 12940 to add “family caregiver status” to the list of 19 current characteristics for which it is an unlawful employment practice to discriminate against a person with any of these listed characteristics. This provision is not intended to affect the right of an employer to reasonably regulate the working of spouses in the same place of employment or prohibit health plans from providing better benefits to employees with dependents.

For a labour organisation, it would also reportedly add “family caregiver status” to the list of 19 current characteristics that are prohibited from being excluded or restricted from membership in a union, or to discriminate against such a person, as well as to prohibit discrimination on such a basis for apprenticeship training programs.

The bill would also add “family caregiver status” to the list of 19 current characteristics that are prohibited from being discriminated against in any publications or nonjob-related inquiries, as well as prohibitions against harassment of employees, applicants for employment, unpaid interns and volunteers.


Source: California Globe

(Link and quotes via original reporting)