2018 has been a big year for changes within California’s legal system, and the latest amendments to the state’s Fair Employment and Housing Act (FEHA) are no exception. Already approved by The Office of Administrative Law, California employers can expect a more detailed list of regulations that further expand the protections against discrimination – most notably those of national origin – to come into effect by July 1st, 2018.
Though California already boasts several laws prohibiting prejudice in the workplace, this latest FEHA amendment was designed specifically to eliminate any “wiggle room” left by the previous version’s broad terminology forbidding the discrimination of “national origins” – protecting both employees and applicants, as well as undocumented immigrants.
According to the law, the term “national origins” can include:
- Cultural, physical, or linguistic characteristics connected with a group of national origin;
- A spouse or association with a person of national origin;
- A name often connected to a national origin;
- Tribal affiliation;
- Participation with institutions of a national origin such as a school, church, mosque, or temple; and
- An association or membership to a group known to promote the ideals of a national origin.
Under these same definitions, the FEHA amendment goes on to prohibit the construction or enforcement of any policies that might discriminate against persons of national origin, such as:
- Denying an applicant or employee work due to their accent, unless the employer can explicitly show that the accent would interfere with the job.
- Erecting language restrictions or English-only policies within the workplace, unless necessary for the function of the business – though even then, only in minute, situational adaptations. Any language enforcement outside of the workplace, such as during breaks, is strictly against the law.
- Discriminating against an applicant because of their English proficiency, unless proof can be had that the language proficiency is necessary for the job.
- Inquiring into an applicant’s immigration status or denying an applicant work as an undocumented citizen, unless required to do so by federal law.
- Holding standardized height and weight requirements against a person who struggles to fulfill those requirements because of national origins – exceptions including if those guidelines are necessary for the business.
- Recruiting an employee or applicant based off of national origin, or otherwise segregating the workplace.
On the whole, the FEHA amendment just goes on to legally enforce being a decent human being, while also further reiterating prohibitions against retaliation or harassment towards individuals due to national origin.
(This post contains research gathered from this article by Erika Pickles.)1
