BILL ANALYSIS �
AB 2386
Page 1
ASSEMBLY THIRD READING
AB 2386 (Allen)
As Amended April 25, 2012
Majority vote
LABOR & EMPLOYMENT 5-1 JUDICIARY 9-1
-----------------------------------------------------------------
|Ayes:|Swanson, Alejo, Allen, |Ayes:|Feuer, Wagner, Atkins, |
| |Furutani, Yamada | |Dickinson, Gorell, Huber, |
| | | |Monning, Wieckowski, |
| | | |Alejo |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell |Nays:|Jones |
| | | | |
-----------------------------------------------------------------
APPROPRIATIONS 14-2
-----------------------------------------------------------------
|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Ammiano, Hill, | | |
| |Lara, Mitchell, Nielsen, | | |
| |Solorio, Wagner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Clarifies that breastfeeding and related medical
conditions are included in the definition of 'sex' as protected
category for unlawful employment discrimination under state law,
and provides that this clarification is declaratory of existing
law.
EXISTING LAW : Under the Fair Employment and Housing Act (FEHA),
discrimination is prohibited in housing and employment on the
basis of race, religious creed, color, national origin,
ancestry, physical disability, medical condition, marital
status, sex, age, or sexual orientation.
FISCAL EFFECT : According to the Assembly Appropriations
AB 2386
Page 2
Committee, this bill will result in no additional fiscal impact
to the Department of Fair Employment and Housing.
COMMENTS : This bill amends existing statutory definition of
'sex' under the FEHA to include breastfeeding, in order to
prevent breastfeeding discrimination in the work place. Under
existing law, FEHA makes it is unlawful to discriminate on the
basis of sex, which includes gender, pregnancy, childbirth and
medical conditions related to pregnancy or childbirth.
In June 2009, the Fair Employment and Housing Commission issued
a decision in DFEH v. Acosta Tacos, finding that an employer who
had immediately terminated an employee after returning from
pregnancy disability leave for nursing her infant during her
lunchtime break, had denied the employee a right to a
discrimination free work environment based on sex or pregnancy
under FEHA. The Commission designated the decision to have
precedential authority. Accordingly, the decision made
terminating a female employee because she was still
breastfeeding after returning from pregnancy disability leave an
discriminatory action on the basis of sex in violation of FEHA.
Supporters of this bill argue that breastfeeding has been
universally accepted as a low-cost intervention that protects
the health of mothers and newborns. Health care communities
around the world accept breastfeeding as one of the most
important preventative care measures for children's health. The
benefits have been noted to be the greatest when babies are
exclusively fed breast milk for the first six months of life.
In California, an impressive 90% of mothers begin breastfeeding
in the hospital. Society has the responsibility to support
mothers' decisions to breastfeed and take all necessary steps to
reduce barriers so that mothers can provide their babies with
the best nutrition from an early age.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0003760
AB 2386
Page 3