BILL ANALYSIS �
AB 1999
Page 1
Date of Hearing: May 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1999 (Brownley) - As Amended: April 30, 2012
Policy Committee: Labor and
Employment Vote: 5-2
Judiciary 6-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill adds "family caregiver status" to the protected
categories of the employment provisions of the Fair Employment
and Housing Act (FEHA). Specifically, this bill:
Defines "family caregiver status" as an individual who provides
medical or supervisory care to a family member. For the
purposes of this definition, "family member" means any of the
following: child, parent, spouse, domestic partner,
parent-in-law, and a sibling.
FISCAL EFFECT
GF administrative costs to the FEHA, likely in excess of
$150,000, to the Department of Fair Employment and Housing
(DFEH). These costs area associated with additional staff to
process complaints as a result of this measure.
COMMENTS
1)Purpose . According to the author, "Today, the majority of
American workers have some family caregiving responsibilities
outside of work-a reality that has significant impacts on both
employees and their employers. Seventy percent of U.S.
families with children have both parents in the labor force.
One in four employed men and women have elder care
responsibilities and nearly one in 10 workers have caregiving
responsibilities for both elders and children."
The author further states: "Family responsibilities
AB 1999
Page 2
discrimination (FRD) is discrimination against employees based
on their responsibilities to care for family members-including
pregnancy discrimination, discrimination against mothers and
against fathers who actively participate in caring for their
children, and discrimination against workers who care for
aging parents or ill or disabled spouses or other family
members. Clarifying that discrimination against caregivers is
unlawful is helpful for businesses. These claims are sometimes
covered by other laws, but businesses are often caught off
guard by FRD suits. Clear guidance on what does and does not
constitute unlawful discrimination can help businesses
implement useful prevention strategies such as policies
prohibiting FRD, complaint procedures, and training programs
for managers."
This bill adds "family caregiver status" to the protected
categories of the employment provisions of FEHA.
2)Background . Under FEHA, individuals are protected against
discrimination in employment, housing, public accommodation
and services provided by business establishments on the basis
of specified characteristics, including age, ancestry, sex
(gender), race, color, national origin, religion, sexual
orientation, marital status, genetic information, medical
condition, and disability.
Individuals who claim discrimination may file a complaint with
the DFEH within one year of the alleged incident. They can
also directly seek remedies via a lawsuit filed with the
court.
Existing law establishes the California Family Rights Act
(CFRA), which requires employers with 50 or more employees to
provide, upon request, up to 12 weeks of protected unpaid
leave during any 12-month period for specified purposes,
including childbirth; placement of a child with respect to
adoption or foster care; care of a parent, spouse or child
with a serious health condition; the employee's own serious
health condition.
3)Opposition . Several opponents, including the CalChamber, the
California Food Producers, the California Hotel and Lodging
Association, the California Farm Bureau, and the California
Manufacturers and Technology Association, argue by providing
specified protections to "family caregivers" the state is
AB 1999
Page 3
unfairly subjecting them to costly litigation. Specifically,
these organizations state in a coalition letter,
"The term 'medical' care could be liberally interpreted to
include such tasks as administering over the counter
medication once a day or even driving a listed family member
to a doctor's appointment on a quarterly basis. Moreover,
'supervisory' care would expand this proposed classification
to employees who are not actually providing any care to a
covered family member, but rather are 'supervising' the care
the family receives. Such a broad application of a protected
classification that will essentially encompass almost all
employees in the workforce with hamper an employer's ability
to manage their business, as any adverse employment action the
employer takes against an employee could be potentially
challenged as discriminatory on the basis of 'familial
status.'"
4)Related legislation . AB 2039 (Swanson), pending in this
committee, amends the CFRA by expanding permissible family and
medical leave to cover care for an independent adult child,
sibling, grandparent, grandchild, domestic partner, or
parent-in-law with a serious health condition.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081