Employment discrimination: familial status.
By prohibiting employers from making inquiries or decisions based on an applicant's familial status, AB1938 aims to reduce discriminatory practices that can prevent women, especially mothers, from accessing job opportunities or advancement. Studies cited in legislative discussions indicate that women with children often face biases during hiring and promotion processes. As a result, this bill seeks to help create a more equitable workplace environment that recognizes and values the contributions of employees with familial responsibilities.
Assembly Bill 1938, introduced by Assembly Member Burke, amends the California Fair Employment and Housing Act to include protections against employment discrimination based on familial status. This amendment reflects an increasing awareness of the challenges faced by individuals, particularly women, who must juggle work and family responsibilities. The bill expands existing protections against discrimination based on other categories like race and gender, thereby promoting more comprehensive workplace equity for all workers with family duties.
The sentiment surrounding AB1938 is largely supportive, especially among advocates for women's rights and workplace equity. Proponents argue that the legislation is necessary to ensure that workers are not discriminated against for their family roles, which could provide a pathway to better inclusion of women in the workforce. However, there are concerns about how this expanded definition of discrimination might be enforced, with some stakeholders questioning whether it could lead to increased litigation or burden on employers.
Despite its support, AB1938 has faced some contention. Critics argue that adding familial status to the list of protected categories may complicate the employment process and lead to employers hesitating to ask questions that might clarify an applicant’s suitability for a role. There are also concerns regarding how the enforcement of these new provisions would work in practice, particularly in small businesses that may not have extensive human resource policies in place.