Other Discrimination

A New Bill in the California Assembly Would Expand the Group of Workers Protected from Discrimination and Entitled to Reasonable Accommodations

April 28, 2021 | by Stephen M. Fuerch

The unprecedented conditions of the last year have affected everyone in multiple ways. These impacts have also affected California’s legislators, who have enacted several news laws – and are contemplating others – that have a direct impact on workers across the state. If you believe you’ve been harmed by harassment or discrimination at work, you need a knowledgeable Oakland employment attorney who is not only experienced in handling these kinds of cases but also is completely up-to-date on any and all of the changes in the law.

If a Bay Area member of the Assembly’s proposal becomes law, then California discrimination law would feel a very direct effect. AB 1119, proposed by Assemblywoman Buffy Wicks of Oakland, would expand the anti-discrimination protections available to workers and job applicants in this state by adding an additional protected class within the Fair Employment and Housing Act’s safeguards against employment discrimination.

That class is people with “family responsibilities.” The spectrum of people who may fall within this class is potentially a wide one. This class can include parents of young children, children with parents in need of care, and people who provide care to family members with disabilities.

COVID-19, Employer-Mandated Vaccinations and California Anti-Discrimination Law

April 15, 2021 | by Stephen M. Fuerch

We have been living with COVID-19 for more than a year now. One very important development that, for many, represents a huge “light at the end of the tunnel” is the availability of a COVID-19 vaccine. Vaccinations, though, maybe problematic for many workers. Some may have religious objections and others many ethical objections. Still others may have medical reasons why they cannot receive the vaccine. An employer’s mandate of a worker’s vaccination may, in certain circumstances, represent a form of religious discrimination or disability discrimination in violation of the Fair Employment and Housing Act. If you think you’ve been the target of workplace discrimination for refusing to receive a COVID-19 vaccine, you should contact an experienced Oakland employment lawyer promptly to discuss your legal options.

Back on March 4, 2021, the Department of Fair Employment and Housing published an update to its DFEH Employment Information on COVID-19. The updated material was specifically targeted toward the issue of vaccinations.

In that updated document, the department confirmed that generally speaking, employers may require that their employees get one of the FDA-approved COVID-19 vaccines. What employers may not do, however, is demand that all employees get vaccinated, even those who presented the employer with an objection based upon his/her disability or sincerely-held religious belief.

Proposed California Bill Would Erect a New Protected Class Within the the Fair Employment and Housing Act

February 25, 2021 | by Stephen M. Fuerch

The law is frequently slow to change but, as society evolves, the law often follows along eventually. The Fair Employment and Housing Act (FEHA)’s protections against workplace discrimination are no exception. For example, sexual orientation became a protected class in 2000 and an amendment added gender identity/expression as a protected class in 2004. As the law is ever-changing, it is vitally important to make sure that, if you’ve suffered harm from discrimination on the job, you’re working with an experienced Oakland employment discrimination attorney who has an in-depth and up-to-date knowledge of all the relevant federal and California discrimination laws.

A Riverside County Republican senator has proposed a bill that, if it becomes law, would add yet another class that is protected against discrimination under the FEHA, according to East County Today. That class would be political affiliation. The “Diversity of Thought Act,” introduced by state Sen. Melissa Melendez, would insert “political affiliation” into the FEHA in three places. Those are Section 12920, Section 12940, and Section 12955 of the California Government Code.

The bill represents, according to the senator, an important protection against a rising societal problem, which is the so-called “cancel culture,” in which people may suffer a variety of harms, including employment discrimination, because of their political views, beliefs, and affiliations, according to the report.