February 1, 2023

Volume XIII, Number 32

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FEHA Expanded to Include “Reproductive Health Decision-making” as Protected Category

Among the new employment laws in effect this new year is the expansion of the California Fair Employment and Housing Act (“FEHA”) to include “reproductive health decision-making” in the list of classifications protected by the FEHA.  Accordingly, the FEHA now expressly prohibits discrimination, harassment, and retaliation based on employees’ reproductive health-decision-making.  The FEHA also makes it unlawful for an employer to require, as a condition of employment, continued employment, or a benefit of employment, the disclosure of information relating to an applicant’s or employee’s reproductive health decision-making.

“Reproductive health decision-making” 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.”  There may be overlap between the classifications of “reproductive health decision-making” and “sex,” which includes pregnancy, childbirth, and breastfeeding, and their related medical conditions, as well as gender, gender identity, and gender expression.  

In light of these new protections, employers are encouraged to review and update their policies and incorporate these updates in their mandatory training.

Copyright © 2023, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XIII, Number 24
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About this Author

Julie Trankiem Employment Attorney Hunton Andrews Kurth Law Firm
Partner

Julia’s practice focuses on the representation of management in a broad range of employment matters under state and federal law.

Julia extensively collaborates and partners with companies to solve complex employment issues. She has represented employers across wide-ranging industries in class, collective, representative and hybrid actions brought under the Fair Labor Standards Act and state wage and hour laws. Her wage and hour experience includes litigation involving claims of misclassification, off-the-clock work and unpaid overtime, and meal and rest period violations. She has...

213 532 2119
JeeHyun Yoon Labor & Employment Litigation Lawyer Hunton Andrews Kurth Law Firm
Associate

JeeHyun represents clients in all types of employment-related litigation in state and federal courts, as well as in arbitration and administrative proceedings. She also advises employers on daily workplace issues.

JeeHyun has broad experience litigating claims of harassment, discrimination, retaliation, and related claims, as well as wage and hour claims brought on a class or PAGA representative basis. JeeHyun also defends employers in arbitration and administrative proceedings before the DLSE, DFEH, and EEOC, and advises clients on a wide range...

213 532 2156
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