In 2022, the California Legislature passed and Governor Newsom approved, Assembly Bill 2188 (AB 2188). Effective January 1, 2024, AB 2188 amends California’s Fair Employment and Housing Act (“FEHA”) to make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a
Employment
California Modifies Regulation for Considering Criminal History in Employment Decisions
The California Civil Rights Department recently modified the regulation (2 CCR § 11017.1) associated with California’s Fair Chance Act. The regulation addresses an employer’s restrictions and obligations for considering an applicant or employee’s criminal history. The modified regulation took effect on October 1, 2023.
Employers should be aware of the modifications to this…
Raines v. U.S. Healthworks Medical Group Rains Down Liability Under FEHA To Business-Entity Agents
On August 21, 2023, the California Supreme Court’s decision in Raines v. U.S. Healthworks Medical Group significantly expanded the scope of potential liability under the Fair Employment and Housing Act (“FEHA”) to an employer’s business-entity agents that have five or more employees.
Case Background and Analysis
Plaintiffs Kristina Raines and Darrick Figg brought a class…
2023 Legislative Session: Employment Bills to Watch
The 2023 legislative session is well underway, and a number of bills have been introduced that could significantly impact California employers if they become law.
However, we anticipate that at least some of these bills will undergo substantial amendment as they work their way through the Legislature, meaning that, if these bills pass, the new…
New Law Prohibits Discrimination in Employment for Outside-of-Work Cannabis Use
On September 18, 2022, Governor Newsom signed and approved Assembly Bill 2188 (“AB 2188”), which amends the California Fair Employment and Housing Act (“FEHA”) to generally prohibit an employer from discriminating against an employee or employment applicant for cannabis use off the job and away from work, which is a significant change to the…
Enhancing Workplace “Vibes” for the New Gen Z
The newest generational wave, Generation Z or “Gen Z,” has now entered the workplace, and according to NPR, they are on track to be one of the most diverse generations in U.S. history. While Gen Zs share many traits with Millennials, they also bring with them unique characteristics, needs, attributes, and work style. For example,…
Safe at Work: Staying Compliant Amidst a Changing Workplace
The past two years have challenged employers’ resilience and adaptability in our rapidly-changing workplaces. One such change was the explosion of remote work, which swept across workplaces throughout the country and in some cases, landed a permanent position at the hiring table. As employers adapt to the increasing prevalence of remote work, one important question…
California Department of Public Health Issues Updated Guidance for the Use of Face Coverings
On November 16, 2020, in response to significant increases in the incidence rates of COVID-19 in the state, the California Department of Public Health (“CDPH”) issued updated guidance concerning the use of face coverings. The updated guidance requires that individuals wear a face covering at all times when outside of the home unless one…
New Statute Prohibits Inquiries Into Applicant’s Private Sector Salary History
On October 12, 2017, Governor Jerry Brown signed into law AB 168, which will go into effect January 1, 2018 as Labor Code 432.3. This new statute prohibits employers, in many circumstances, from attempting to obtain information regarding a job applicant’s salary history, or from considering that salary history in determining whether to offer employment…
Revisiting Transgender Employment Issues
Quite a bit has changed since we last visited this topic generally in 2014. Approximately eighteen states and over 200 municipalities ban gender identity discrimination. Indeed, for several years, California’s Fair Employment and Housing Act has prohibited discrimination on the basis of “sex, gender, gender identity, [and] gender expression.” As to federal law, this…