New California Employment Laws To Take Effect In 2013

Earlier this fall, California Governor Edmund G. "Jerry" Brown signed into law more than a dozen bills impacting businesses employing workers in California. The bills range from new anti-discrimination protections to restricting employer access to personal social media accounts. The bills described below will have a significant impact on employers in 2013. Employers should prepare to comply with the new laws when they take effect, which unless otherwise specified below, will be on Jan. 1, 2013.

Definition of "Sex" Includes Breastfeeding

The California Legislature has again expanded the definition of "sex" under the Fair Employment and Housing Act (FEHA), which prohibits discrimination in employment. Under existing law, "sex" includes gender, pregnancy, childbirth, and medical conditions related to pregnancy or childbirth. Assembly Bill 2386 adds breastfeeding and related medical conditions to the FEHA's definition of "sex." Employers also will be required to provide employees with an update to their Discrimination and Harassment Notice.

Religious Dress and Grooming Practices are Protected

Under the FEHA, employers must not discriminate on the basis of employees' religious beliefs and observances, and must provide a reasonable accommodation, unless doing so would create an undue hardship. Assembly Bill 1964 specifies that religious dress and grooming practices are covered "beliefs and observances." As a result, under the new law, employers cannot discriminate against employees on the basis of their religious dress or grooming practices and must provide reasonable accommodation of such practices. The new law specifically states that when providing reasonable accommodation of employees' religious dress or grooming practices, employers cannot segregate employees either from the public or other employees.

Personal Social Media and Passwords are Private

Under Assembly Bill 1844, employers are prohibited from requiring or requesting that employees or job applicants provide their usernames or passwords for personal social media accounts, access their accounts in the employer's presence, or divulge personal social media. "Social media" is broadly defined to include any "electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations." The new law prohibits an employer...