California has a rapidly increasing number of aging baby boomers, as well as a large population of people known as the “sandwich generation”—those who care for their aging parents while also supporting their own children. Earlier this year, California Senator Hannah-Beth Jackson introduced Senate Bill 404 in an attempt to address the needs of family caregivers. SB404 would broaden the list of protected characteristics under California’s Fair Employment and Housing Act by adding “familial status” as an additional characteristic upon which employment cannot be denied or terminated.
FEHA currently protects and safeguards the right and opportunity of all persons to seek, obtain and hold employment without discrimination based on race, creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, age or sexual orientation. While discrimination based on “familial status” is explicitly prohibited under the housing provisions of FEHA, California has not been explicit prior to this bill in protecting family caregiving responsibilities in an employment context.
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