BILL ANALYSIS �
AB 2386
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2386 (Allen)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: |64-10|(May 29, 2012) |SENATE: |34-0 |(August 29, |
| | | | | |2012) |
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Original Committee Reference: L. & E.
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.
The Senate amendments ensure there is not a chaptering out conflict
with another bill and make conforming changes.
EXISTING LAW prohibits, under the Fair Employment and Housing Act
(FEHA), discrimination 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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar to
the version passed by the Assembly.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
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
AB 2386
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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 a 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:
0005688