New National Origin Regulations Move One Step Closer

Apr 30 2018 - Discrimination, Harassment - Gail Cecchettini Whaley

New national origins protections should arrive this summer.

New national origin protections should arrive this summer.

California’s Fair Employment and Housing Council (FEHC) proposed amendments in 2017 to the state Fair Employment and Housing Act (FEHA) to specifically address national origin protections.

The time for public comments and hearings on the proposed amendments is over, and the amended regulations are now with the state Office of Administrative Law for approval. If approved, the likely effective date is July 1, 2018.

California already has strict rules that prohibit harassment and discrimination based on protected classes, including national origin

The proposed regulations discuss the type of acts that may constitute national origin discrimination and also discuss prohibited immigration-related practices (see Initial Statement of Reasons). The definition of national origin is also expanded.

Topics covered in the amendments include:

  • Language restrictions;
  • Accent discrimination;
  • Immigration-related protections; and
  • Height and weight requirements.

More information on the proposed regulations can be found in the Rulemaking Actions section of the FEHC’s website.

Gail Cecchettini Whaley, CalChamber Senior Employment Law Counsel 

CalChamber members can read more about National Origin in the HR Library. Not a member? Learn about the benefits of membership.

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