Family Caregiver Discrimination: How Changes to AB-2182 Could Affect Employees When Enacted

California lawmakers are trying to amend the employment laws under AB-2182, which is currently under revision status and would change certain aspects of the employer’s responsibility to employee needs under conditions of closure, such as when schools or daycare facilities close due to COVID-19.

Changes AB-2182 Would Impose

The brunt of the changes under AB-2182 has to do with accommodations of employee needs when it comes to the care of family members – children, elderly, spouse, and in-laws. Specifically, AB-2182 attempts to correct a change in the way society functions under the massive changes caused by the COVD-19 pandemic.

AB-2182 would add “family responsibilities” as a civil right under the laws that protect employees from harassment and discrimination in the workplace. More specifically, AB-2182 would:

1. Require employers to take action once they are notified that an employee has a “family responsibility” that the employee needs to care for a minor child or care recipient when there is an unforeseen change that occurs in how the child or care recipient is cared for. An example would be that a school, daycare, or elder care facility is closed, and the care recipient is not able to care for themselves. That level of event requires that the parent or employee stay home to provide that care. The action that the employer takes could be a change in hours worked, unpaid leave, or another alternative that permits the employee to care for their loved one without fear of losing their job.
2. Prevent employers from retaliation against an employee who files, attempts to file for leave due to unforeseen closure of care facilities.

Prevention of Employer Abuse

California already has a long list of governmental codes that help protect employees from harassment and discrimination from California employers. AB-2182 moves to align those existing laws under the new reality of COVID-19 and other types of pandemics. The law recognizes a gap in the employer/employee relationship caused by changes imparted by COVID-19. AB-2182 attempts to end caregiver discrimination when society or governmental actions make unforeseen changes to the families’ routine.

When a parent must stay home to care for minor children, they should not be punished.  This could look like fear of losing their job or being discriminated against by their employer because they are placed in a position where they must care for a child.  AB-2182 ties into existing laws that dictate what the level of care is for children and people who need care or supervision.

AB-2182 would enhance the employment law code to address the recent changes in how people who work outside of the home must sometimes take a leave from their job to care for their children or family members.

Contact D Law For Information Regarding Your Employee Rights

Davtyan Law is an employee rights expert and represents employees who have been discriminated against or harassed at work. Reach out to our employment lawyers to discover your rights as a California employee. Call us today at 1-(818) 275-5799.