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AB-569 Discrimination: reproductive health.(2017-2018)

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Date Published: 04/19/2017 09:00 PM
AB569:v98#DOCUMENT

Amended  IN  Assembly  April 19, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 569


Introduced by Assembly Member Gonzalez Fletcher

February 14, 2017


An act to add Section 2810.7 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 569, as amended, Gonzalez Fletcher. Discrimination: reproductive health.
The California Fair Employment and Housing Act prohibits discrimination in employment based upon specified personal characteristics, including the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person.
Existing law creates the Division of Labor Standards Enforcement in the Department of Industrial Relations for the purpose of enforcing labor laws.
This bill would amend provisions of labor law relating to the obligations of an employer to prohibit an employer from taking any adverse employment action, as defined, against an employee based on his or her reproductive health care decisions, methods, or the use of any drug, device, or medical service related to reproductive health by an employee or employee’s dependent or dependent. The bill would also prohibit requiring an employee to sign a waiver or other code of conduct or similar document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service. The bill would require an employer that provides an employee handbook to its employees to include in the handbook notice of the employee rights and remedies under the provisions of this bill.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds that employees of religiously affiliated institutions are entitled to the same protections as any other employee under the California Labor Code, unless the employee is the functional equivalent of minister, and therefore subject to a “ministerial exception” as developed in First Amendment case law. The Legislature agrees with the concurring opinion of Justice Alito in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C. (2012) 565 U.S. 171, 199, which argues that the ministerial exception should apply only to an “employee who leads a religious organization, conducts worship services or important religious ceremonies or rituals, or serves as a messenger or teacher of its faith.”

SECTION 1.SEC. 2.

 Section 2810.7 is added to the Labor Code, to read:

2810.7.
 (a) An employer shall not do either of the following:
(1) Take any adverse employment action against an employee based on his or her reproductive health care decisions, including the timing thereof, methods, or the use of any drug, device, or medical service related to reproductive health by an employee or employee’s dependent.
(2) Require an employee to sign a waiver or other code of conduct or similar document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service.
(b) An employer that provides an employee handbook to its employees shall include in the handbook notice of the employee rights and remedies under this section.
(c) For purposes of this section, “adverse employment action” includes, but is not limited to, termination, demotion or refusal to promote or advance, loss of career specialty, reassignment to a different shift, reduction of hours, reduction of wages or benefits, refusal to provide training opportunities or transfer to a different department, adverse administrative action, or any other penalty or disciplinary or retaliatory action.