A bill exposing employers to a potential flood of employment-related lawsuits has been tagged as a CalChamber job killer.
AB 524 (Wicks; D-Oakland) creates a broad new protected class under the Fair Employment and Housing Act (FEHA) for employees with family caregiver status. This broadly defined group would include any employee who “contributes” to the care of any person of their choosing.
The definition would encompass essentially every worker and creates an automatic basis for an individual in that new classification to challenge any adverse employment action. Further, this new classification would be used to essentially require employers, including small businesses, to accommodate all caregiving needs beyond what is already required under existing law or else they may face a discrimination claim.
Between litigation exposure and forced accommodations, AB 524 will increase the cost of doing business in California and the costs of goods and services.
Because FEHA includes a private right of action for any alleged discrimination against a protected classification, AB 524 exposes employers, including small businesses, to costly litigation. Liability includes compensatory damages, injunctive relief, declaratory relief, punitive damages, and attorney fees.
New Protected Class
