11 Dec Two New Employment Discrimination Laws Go Into Effect In California In 2013
Effective January 2013, two new California laws will broaden what constitutes discrimination based on an employee’s sex or religion. Practices that may have been lawful for 2012 could now create liability and litigation for 2013.
Breast-Feeding Discrimination
Although the California Labor Code already requires employers to provide accommodations for women who are breast-feeding, a new law provides additional recourse for women who have encountered breast-feeding discrimination.
Historically, Title VII has been the most common statute for women seeking recourse for breast-feeding discrimination, but several federal courts have rejected these claims. The Obama administration’s health care reform law requires employers to provide nursing mothers with a reasonable break time and place to express breast milk, but it does not provide recourse for discrimination related to breast-feeding.
Businesses must be ready to meet the challenges of implementing this new law. First, employers should consider updating their employee handbooks or implementing a breast-feeding policy. Second, employers should take seriously any complaints from employees relating to breast-feeding and should treat these complaints with the same seriousness as they would a complaint based on race or age discrimination.
Religious Dress and Grooming Practices
Another new law deals with religious discrimination, requiring employers to reasonably accommodate an employee’s appearance at work.
The law clarifies that “religious dress and grooming practices” are covered by the protections against religious discrimination. These terms are broadly construed to include religious clothing and coverings (such as turbans and yarmulkes) and jewelry and artifacts (such as a cross or Star of David), or anything else that is part of the observance of an individual’s religious beliefs. An employee’s head, facial or body hair that are part of the observance of an individual’s religion are also protected.
Employees observing their religion must be reasonably accommodated. However, the new law specifically states that segregating an employee from the public or other employees is not a reasonable accommodation.
So what do employers do? Just as they do with disability accommodations, employers should work with employees to find a solution suitable to both parties. Any inclination to isolate or segregate an employee, or any other solution that may be perceived as a punishment or a demotion, should be avoided. Of course, documenting an employer’s proposed reasonable accommodations is a must.
For assistance with implementing solutions to these new laws, contact Prestige.