AB 1119 Employment Discrimination Expands and Include Family Responsibilities

Assemblywoman Buffy Wicks (D-Oakland) introduced her Assembly Bill 1119 to expand employment discrimination. The bill amends Sections 12920, 12921, 12926, and 12940 of the Government Code. Section One of the bill would amend Section 12920 to add to the types of personal characteristics that are protected by the Fair Employment and Housing Act (FEHA) to include “family responsibilities.” Section Two of the bill would amend Section 12921 in the same manner.

Section Three of the bill would amend Section 12926 to define “family responsibilities” as “the obligations of an employee to provide direct and ongoing care for a minor child or a care recipient. For purposes of this subdivision, ‘care recipient’ means a person who (1) is a family member or a person who resides in the employee’s household and (2) relies on the employee for medical care or to meet the needs of daily living and ‘family member’ means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.”

Section Four of the bill would amend Section 12940 by adding family responsibilities. It would also add to the requirement that an employer make reasonable accommodation and engage in the interactive process with the employee for “the known family responsibilities of an applicant or employee related to obligations arising from needing to care for a minor child or care recipient whose school or place of care is closed or otherwise unavailable.”

This bill is expected to be heard in policy committee in March.