Le Clerc & Le Clerc LLP Employment Law Attorneys
Call Today For The Counsel You Deserve 415-445-0900
Menu Contact

California Expands Protections Based on Employees' National Origin

California has finalized a new rule expanding national origin discrimination protections under the state Fair Employment and Housing Act (FEHA). This new rule takes effect on July 1, 2018.

Under FEHA, employers with five or more employees are prohibited from discriminating on the basis of national origin, among other protected classifications.

The new rule revises the meaning of "national origin" to include an individual's or ancestors' actual or perceived (1) physical, cultural, or linguistic characteristics associated with a national origin group; (2) marriage to persons of a national origin group; (3) tribal affiliation; (4) membership in an organization identified with or seeking to promote the interests of a national origin group; (5) attendance in schools or religious institutions typically used by persons of a national origin group; and (6) name associated with a national origin group.

The regulations also create additional protections for discrimination based on national origin. Specifically, the rule prohibits creating language restrictions, such as an English-only rule, unless the restriction results from business necessity, is narrowly tailored, and employees are notified of the details of the restriction.

Similarly, employers cannot discriminate against an employee for an accent associated with a national origin group, or based on the employee's English proficiency, unless English proficiency is justified by business necessity.

An employer may not inquire or attempt to discover an applicant's or employee's immigration status, unless necessary to comply with federal law. Harassment based on the individual's immigration status is also prohibited.

Employers cannot place employees in certain geographical areas, facilities, or positions based on national origin, or impose height or weight requirements that may have a disparate impact on the basis of national origin. Finally, employers may not retaliate against any employee for opposing discrimination on the basis of national origin, including by filing a complaint.

Source: Littler, https://www.littler.com/publication-press/publication/july-new-january-salary-history-data-security-breaches-new-state-and, June 12, 2018.

No Comments

Leave a comment
Comment Information
Get A Free Consultation

Contact Us Today To Protect Your Rights

Our lawyers will provide personalized and dedicated attention to your case. Call us at 415-445-0900 or fill out the contact form below to schedule a free consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

map

Office Location

Le Clerc & Le Clerc LLP
155 Montgomery St.
Suite 1004
San Francisco, CA 94104

Phone: 415-445-0900
Fax: 415-445-9977
Map & Directions