New FEHA Amendments Greatly Expand National Origin Protections
Posted June 4, 2018

The Office of Administrative Law has approved new amendments to the Fair Employment Housing Act (FEHA) protections related to National Origin discrimination. These amendments were filed with the Secretary of State on May 17, 2018, and go into effect on July 1, 2018. The amendments expand the definition of “national origin” to now include an “individual’s or ancestors’ actual or perceived:

1. physical, cultural, or linguistic characteristics associated with a national origin group;
2. marriage to or association with persons of a national origin group;
3. tribal affiliation;
4. membership in or association with an organization identified with or seeking to promote the interests of a national origin group;
5. attendance or participation in schools, churches, temples, mosques, or other religious institutions generally used by persons of a national origin group; and
6. name that is associated with a national origin group.”

As well, the amendments provide new examples of actions by employers that can constitute national origin discrimination, including:

1. Language restriction policies;
2. Employment discrimination based on an applicant’s or employee’s accent;
3. Employment discrimination based on an applicant’s or employee’s English proficiency;
4. Height and weight requirements; and
5. Job segregation or recruitment practices based on national origin

The final language of the FEHA amendments can be found at: https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2018/05/FinalTextRegNationalOriginDiscrimination.pdf.

Going forward, these amendments will require employers to revise their protected classification lists (normally contained in Equal Employment Opportunity and Harassment Prevention policies). If you have questions about these FEHA amendments, policy compliance or drafting or any other employment law questions, contact the employment attorneys at LightGabler for assistance.

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