Employers Cannot Discriminate Based On Reproductive Health

Senate Bill 523, awaiting signature from Governor Newsom, amends the California Fair Employment and Housing Act (California's discrimination law) by adding “reproductive health decision making” as a new protected classification. The term is defined to include, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health, such as contraceptives or an abortion procedure. The law also prohibits an employer from requiring an employee or applicant to disclose information relating to the person’s reproductive health decision making. In other words, an employer may not discriminate against, or even inquire, about your reproductive health, including, but not limited to, contraceptives, an employees' choice to keep a baby or abort, IVF and other reproductive aids, and surrogacy.

SB 523 strengthens the ability of Californians to receive timely access to birth control, as well as reduces barriers to contraceptive care by creating greater health equity across the state,” said Senator Leyva in a statement on Wednesday. “This legislation will build on existing measures to help ensure our contraceptive benefits and policies extend to millions more across the state since current law leaves too many individuals and communities without equitable access. Californians must be able to decide for themselves if and when they have children.

Should you have questions about this topic, please telephone Christopher Tayor, Esq at (626) 219-6008.