On May 29, the California State Senate passed SB 404, a bill authored by Senator Hannah-Beth Jackson (D-Dist. 19) and co-sponsored by Equal Rights Advocates (ERA), the California Employment Lawyers Association (CELA) and the Center for Worklife Law at UC Hastings. The bill will prohibit employers from discriminating against an employee based on his or her family responsibilities by adding “familial status” to the list of characteristics that are prohibited bases of discrimination under the employment provisions of the state’s Fair Employment and Housing Act.

As the law stands now, employees must draw on a patchwork of laws to show that an employer discriminated against the employee for being a primary caregiver by trying to prove that caregiving is a type of sex discrimination.  Many employers base adverse employment decisions on preconceived notions about family responsibilities. For example, employers may reduce an employee’s hours without the employee’s consent or pass over these employees for promotions.  This bill clarifies the law protecting caregivers giving guidance to both employees and employers about the rights of workers with family responsibilities.

“Today more and more workers are juggling both work and family care obligations, and the demands for elder care are projected to increase dramatically in the near future,” says Jamie Dolkas, Staff Attorney at ERA. “SB 404 provides much-needed protection to ensure that workers will not be treated unfairly because they care for their family members.”

Domestic Workers’ Bill of Rights and Bills Protecting Immigrant Workers From Retaliation Move Forward in California Legislature

Also on May 29, the Assembly passed “The Domestic Workers’ Bill of Rights,” (AB 241) introduced by Tom Ammiano (D-Dist. 17).  This bill would protect domestic workers, including nannies and those who provide in-home care, by regulating wages, providing for rest time, and protecting other working conditions.

While it exempts certain employers such as licensed health facilities or people who receive domestic care from the State of California or In-Home Supportive Services (IHSS), AB 241 defines employers of domestic workers as those who employ or exercise control over the wages, hours or working conditions of a domestic work employee, including those who obtain the services from third parties.

The same day, the California Senate passed SB 666, a bill authored by Senator Darrell Steinberg (D- Dist. 6 and President pro Tem), that would prohibit employers from threatening to report undocumented workers or their families when they exercise their labor and employment rights.  Employers may also risk losing their business licenses for retaliating against these employees.

Attorneys who use immigration status to threaten and intimidate witnesses would also face discipline, and whistle blowing protections would be extended to employees who testify before a legislature or other public body about anything related to a government investigation of the employer

AB 263, another bill protective of immigrant workers’ rights and, introduced by Roger Hernández (D-Dist. 48), passed through the Assembly. This bill would prevent employers from engaging in unfair immigration-related practices toward employees who assert their labor and employment rights. Unfair immigration-related practices would include threats of improperly using the Federal E-Verify system, requests of extraneous documents showing an employees’ eligibility to work, and threats of filing reports or contacting immigration authorities in response to an employee’s exercise of his or her rights.

“Equal Rights Advocates applauds the advancement of these three bills in the state legislature,” said Monali Sheth, Staff Attorney at ERA. “ AB 241, the Domestic Workers’ Bill of Rights, provides domestic workers the right to work for a living wage, decent working conditions, and with dignity, while SB 666 and AB 263 further protect the immigrant women we represent who are afraid of coming forward to complain when they have been overworked, underpaid, abused, and unlawfully harassed on the job.”

This post was written by Sonia Jacob, an ERA summer law clerk.

That number is up nearly 30 percent since 1960, showing a growing trend of women spending more time in the workplace.

About three-quarters of American adults say the increase in the number of working women has made it harder to raise children, according to Pew. Two-thirds of the households with breadwinning moms are also single parent households, which indicates that more women are shouldering the responsibilities of both parenting and working at the same time.

It’s more important than ever to support working parents. At Equal Rights Advocates, we’ve made the needs of working families a top priority, and have led a groundbreaking effort to end workplace discrimination against parents and caregivers. ERA is proud to co-sponsor California Senate Bill 404, which will add familial status to a list of protected characteristics under state employment and housing laws.

“The Pew study spotlights why ERA’s gender justice work is so critical for families. Equity in pay, fair opportunity for hire and advancement … these aren’t luxuries. We are talking about everyday survival,” said ERA Executive Director Noreen Farrell.

To support the growing group of women who are earning AND nurturing, click here and tell your state representative that you support SB 404. The families that rely on women breadwinners are also depending on their getting paid equally for equal work.  To find out how to join ERA’s Close the Gap campaign to fight pay discrimination, click here.

For more on the Pew study, including more information on increasing numbers of households run by single low-wage earners, click here.

Last week, Jamie appeared as a keynote speaker at the American Association of University Women-Wisconsin‘s annual conference. Next week, she’s off to Rome, Italy to speak at the midyear-meeting of the American Bar Association’s International Labor & Employment Law Committee. There, Jamie will speak a panel that will discuss caregiver discrimination in the workplace and how this issue is being addressed in the United States, Europe, and Canada.

While in Wisconsin, Jamie spoke on the importance of one of ERA’s biggest cases — Dukes v. Wal-Mart Stores, a class action lawsuit against the retail giant alleging that company executives systematically discriminated against women in pay and promotion, all in the name of saving money. A case like Dukes, Jamie argued in her remarks, is the exact reason for national equal pay reforms. (If you’d like to support ERA’s efforts to close the gender wage gap, you can learn more here.)

While in Italy, Jamie and her other panel members will address the growing barriers faced by mothers (and fathers) in the American workplace. From caregiver discrimination to a lack of access to affordable daycare and an absence of access to paid leave laws, America is becoming an increasingly hostile place to work and raise a family at the same time. For more information on the ABA conference, click here.