Earlier this year, we reported on a major California Supreme Court opinion that state anti-bias law doesn’t bar discrimination against older workers in providing fringe benefits such as tuition assistance. Now Gov. Davis has inked into law an amendment to California’s Fair Employment and Housing Act that undoes the high court’s ruling and brings California in line with federal anti-discrimination law.
Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know about new laws and regulations, and your compliance obligations, for the year ahead—it’s one-stop shopping at its best.
Expanded Protection For Older Workers
A.B. 1599, which takes effect Jan. 1, 2003, applies to all employers with five or more workers except religious associations and nonprofits. Under this law, it’s illegal to discriminate against an individual age 40 or older in hiring, selection for training programs, termination or compensation, or with respect to the terms, conditions or privileges of employment—such as tuition reimbursement programs or other employee benefits.
Implications For Labor Organizations
Under existing law, labor unions are only covered under age discrimination laws when they act as employers. A.B. 1599, however, expands age discrimination prohibitions to include actions taken by labor organizations in their role as a labor union, either with respect to union members or their employers.