EEOC

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• California

Federal / All

EEOC Publishes Final Rule for Pregnant Worker Fairness Act (PWFA) 

While the PWFA is already in effect, the final regulation of the law is set to be published on April 19, 2024, and the regulation will go into effect 60 days later. The law requires employers to provide reasonable accommodations for workers who have limitations due to pregnancy, childbirth, and related medical conditions. This article by Fisher Phillips and an article by the National Law Review contain more information on the PWFA.  

Tearing the Paper Ceiling – No Degree? No Problem!?

More employers are dropping degree requirements to increase the size of their applicant pool and to broaden the diversity of those candidates. Given the expense of college tuition, obtaining an advanced degree can be a barrier to employment for many workers who may have the skills and experience necessary to perform the job. Employers should consider whether a degree is an absolute requirement or bona fide occupational qualification (BFOQ). The Equal Employment Opportunity Commission (EEOC) notes that such a requirement must be job-related and consistent with business necessity. Otherwise, it may violate Title VII of the Civil Rights Act if it has significant adverse impact on a protected group. Just like other employers, staffing companies might consider sourcing candidates who do not have a degree and are skilled through alternative routes.

California

UPDATE:

LA County Fair Chance Ordinance Now in Effect

Los Angeles County’s Department of Consumer and Business Affairs (DCBA) has just updated the notice required by the ordinance that must be posted effective September 3, 2024. This notice on the DCBA website informs workers, including contractors and freelance workers, of their rights under the Fair Chance Ordinance for Employers.

Expansion of the LA County Fair Chance Ordinance Soon in Effect 

New requirements for employers with locations or remote employees located in unincorporated Los Angeles County (ULAC) will be in effect as of September 3, 2024. California employers are already impacted by the state version (California Fair Chance Act) and the Los Angeles Fair Chance Initiative for Hiring Ordinance (FCIHO) that does not allow consideration of criminal history information until after a conditional offer and the initiation of a background check. The ULAC FCO will also prohibit employers from inquiring about criminal history until after the candidate receives a copy of the background check report. For more details on additional requirements, refer to LA County's FAQ and this article by Seyfarth Shaw. 

L.A. Country to Enforce More Restrictive Ban the Box

Since the Fair Chance Act went to effect in California state in 2018, employers have been prohibited from asking applicants to disclose criminal history prior to a conditional job offer. Starting March 28, employers in Los Angeles County are subject to additional requirements under their county's new Fair Chance Ordinance for Employers with penalties imposed by September 3, 2024. For more clarity on this 40-page ordinance, please refer to California-based CDF Labor Law's website. 

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