Employers will need to change notices, postings and employee handbook policies related to discrimination and harassment prevention to reflect two recently signed bills, AB 1964 and AB 2386.

Religious Dress/Grooming
AB 1964 amends Government Code sections 12926 and 12940 and clarifies that the Fair Employment and Housing Act’s (FEHA) discrimination protections and reasonable accommodation requirements cover religious dress practices and religious grooming practices.

As stated in the analysis of the bill, the intent is to “provide clarity and ensure that all religions receive equal protection under the law.”

Importantly, the law specifies that an accommodation is “not reasonable” if the accommodation requires segregation of the individual from other employees or the public.

Breastfeeding
AB 2386 amends California Government Code Section 12926 and makes it clear that breastfeeding is protected by law and discrimination on that basis is illegal.

The new legislation was enacted, in part, to reflect a decision by the Fair Employment and Housing Commission (FEHC) in 2009 in which an employee was terminated because she was nursing her baby during her lunchtime break.

Because the FEHC’s decision was designated as having precedential authority, such discrimination is a violation of FEHA.

Updated Poster/Employee Handbook
HR Allen's 2013 California and Federal Employment Notices Poster and Employee Handbook will include changes to policies and posters as a result of AB 1964 and AB 2386.

Author: HR Watchdog, HRCalifornia’s Employment Law Blog, © California Chamber of Commerce