AB 1443 Extends Anti-Discrimination and Harassment Protections to Unpaid Interns and Volunteers

September 2014
Number 68

Legal protections against discrimination and harassment got a little broader this year. Government Code section 12940, which is part of the California Fair Employment and Housing Act (FEHA), protects employees, applicants for employment, and certain contactors from unlawful discrimination and harassment. Government Code section 12940 prohibits employers from discriminating against or harassing employees on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Assembly Bill (AB) 1443 amends Government Code section 12940 to extend these anti-discrimination protections to unpaid interns and other participants in training programs of limited duration.

AB 1443 makes it unlawful to discriminate against any person in “the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide work experience for that person” based on any of the protected characteristics. AB 1443 also extends its protections to unpaid interns and volunteers. These changes to Government Code section 12940 are effective January 1, 2015.

Public agencies should review their existing anti-discrimination policies to ensure that they comply with the requirements of AB 1443. If you have questions regarding AB 1443, or whether your existing policies or regulations are compliant with its requirements, please contact one of our eight offices located statewide. You can also visit our website, follow us on Facebook or Twitter, or download our Client News Brief App.

Written By

Dulcinea Grantham
Partner
Walnut Creek Office
dgrantham@lozanosmith.com

Mark P. Bookholder
Associate
Monterey Office
mbookholder@lozanosmith.com

©2014 Lozano Smith

As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

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