CALIFORNIA EMPLOYERS CANNOT DISCRIMINATE AGAINST ITS EMPLOYEES FOR THEIR REPRODUCTIVE HEALTH DECISIONS

The California Fair Employment and Housing Act (FEHA) protects employees from discrimination, retaliation, and harassment on the basis of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, martial status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status. 

In 2023, Senate Bill 523 added “Reproductive health Decision-Making” to the list of classifications protected from discrimination, retaliation and harassment.  This includes a decision to use or access a particular drug, device, product, or medical service for reproductive health.  What this means is that California employers cannot terminate, demote or alter the work environment of an employee because of the reproductive choices he/she makes including,  decisions related to birth control and abortions. 

California Senate bill 523 also amended the California Government Code to require effective January 1, 2024, that employer health benefit plans or contracts to provide coverage for 1) contraceptives and related services; and 2) vasectomies and related services.  Unfortunately this will not go into effect until January 1, 2024 but in one year, any business employing individuals in California (including Hobby Lobby) cannot exclude health insurance coverage for contraceptive drugs and/or services such as birth control. 

If you have been discriminated, harassed or retaliated against by your employer because of your reproductive decisions, call Lyon Legal, P.C. for a free consultation.  If you are working for an employer in California who presently denies insurance coverage for contraceptive drugs and/or services such as birth control, rest assured that will come to an end on January 1, 2024.