California has introduced a series of new employment laws, reinforcing its commitment to fair treatment and inclusivity in the workplace. These legislative changes impact multiple aspects of employment, from intersectional discrimination protections to hairstyle rights, time-off provisions, driver’s license requests, and the handling of captive meetings. Here’s a breakdown of the most notable updates California employers need to be aware of.
In a landmark move, California has become the first state to officially recognize “intersectionality” in employment law through Senate Bill 1137. Defined as “unique, interlocking forms of discrimination and harassment” that individuals—especially Black women—experience due to a combination of personal attributes, this law aims to address and prevent overlapping discrimination more comprehensively.
Under the new provision, any combination of protected characteristics such as race, gender, age, sexual orientation, and more, as outlined in the Fair Employment and Housing Act (FEHA), is safeguarded from workplace discrimination. This addition to California’s employment code strengthens protections against nuanced discrimination, ensuring that employees experiencing compounded biases receive fair treatment and equal opportunity.
Assembly Bill 1815 has broadened California’s stance on hairstyle protections in the workplace. By removing the term “historically” from race-related definitions, the law now explicitly protects natural hairstyles and textures associated with racial identity. Protective hairstyles like braids, locs, and twists, among others, are covered, promoting inclusivity and combating cultural bias in the workplace.
These hairstyle protections build upon California’s existing CROWN Act, which was one of the first laws in the nation to prohibit discrimination based on natural hair textures and styles traditionally associated with racial identity. This update reinforces California’s commitment to fair employment practices by addressing a significant aspect of racial and cultural identity.
Assembly Bill 2499 has revised the provisions for time off related to jury duty, court appearances, and acts of violence. Now under the enforcement of the Civil Rights Department, the law clarifies that an employee who is a victim of violence, or has a family member who is, cannot face discrimination or retaliation for taking time off for court appearances or safety-related needs.
Employers with 25 or more employees must comply with this law, which permits employees to take leave for a “qualifying act of violence” without fear of retaliation. Additionally, this leave can run concurrently with Family and Medical Leave Act (FMLA) leave, providing greater support to employees needing time off for essential legal and personal matters.
Senate Bill 1100 has imposed new restrictions on employers regarding driver’s license requirements. Unless a job specifically involves driving as a fundamental duty, employers are now prohibited from stating in advertisements or applications that a driver’s license is a mandatory qualification.
The law allows exceptions in cases where driving is essential, and where alternative modes of transportation would be impractical. This provision aims to prevent unnecessary exclusion of candidates who may be qualified for roles that do not directly involve driving, enhancing equitable hiring practices.
Senate Bill 399 has made it illegal for employers to mandate attendance at workplace meetings centered on religious or political views. Known as “captive audience” meetings, these sessions previously enabled employers to communicate their stance on political matters, including elections, labor unions, and other sensitive topics.
Under the new law, employees have the right to decline attendance at such meetings without the fear of retaliation. Violations may result in a civil penalty of $500 per affected employee, reinforcing the importance of workplace freedom and protecting employees from undue influence in areas unrelated to their job performance.
These updates reflect California’s commitment to fostering inclusive and supportive workplaces. To avoid penalties, employers should promptly review and update their policies, employee handbooks, and job postings to ensure full compliance with these new requirements. Consulting with employment law professionals is highly recommended to fully understand the nuances of each law and its implications for daily business operations.
With these groundbreaking changes, California continues to lead the way in employee rights and anti-discrimination protections. Employers operating within the state should be prepared to adapt and prioritize these new laws to foster a compliant, equitable workplace.
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