Governor Brown recently signed AB 1964, which will modify the California Fair Employment and Housing Act’s (FEHA) relating to discrimination based on one’s religious beliefs.
While religious beliefs have always been included in FEHA as a “protected classification” and employers have always had to provide a reasonable accommodation for an employees’ religious beliefs and observances, the new law provides that religious dress practices and religious grooming practices are also now included.
With this expansion of the definition of “religious beliefs” employers cannot use the dress or grooming practices of an applicant or employee as a basis to make an employment related decision.
- “Religious dress practice” is to be interpreted broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed.
- “Religious grooming practice” shall also be interpreted broadly to include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed.