Pending Legislation Would Expand Reasonable Accommodations to Employees and Applicants for “Family Responsibilities”

Jackson Lewis P.C.
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Recently the U.S. Equal Employment Opportunity Commission (EEOC) released new guidance regarding discrimination against employees with caregiving responsibilities for family members. California similarly has a pending bill, Assembly Bill (AB) 2182, which seeks to add “family responsibilities” as a protected class under the Fair Employment and Housing Act (FEHA).

If passed, the bill would prohibit employment discrimination on account of family responsibilities, defined as obligations of an employee or applicant to provide care for a minor child or care recipient. A care recipient includes a family member or household member of an employee who relies on the employee or applicant for medical care or assistance with activities of daily living.

Under the proposed bill, it would be unlawful for an employer to fail to make reasonable accommodations for the known family responsibilities of an applicant or employee related to specified obligations, or to retaliate or otherwise discriminate against a person for requesting an accommodation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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