FAIR EMPLOYMENT AND HOUSING COUNCIL

Governor Edmund G. Brown, Jr., signed into law SB 1038 (Committee on Budget & Fiscal Review) on June 27, 2012.  Effective January 1, 2013, among other changes, the bill will amend the Fair Employment and Housing Act (FEHA) to: (1) eliminate the Fair Employment and Housing Commission and replace it with a Fair Employment and Housing Council within the Department; (2) transfer the Commission's regulatory function to the Department's Council; and (3) end administrative adjudication of FEHA claims. Read more in Director Phyllis Cheng's article, Transformative year for civil rights in CA, reprinted with permission by the Daily Journal. Persons interested in a gubernatorial appointment to theFair Employment and Housing Council can apply by submitting an application online or by mail using the form on the Governor’s Web site.

For the Fair Employment and Housing Commission's amendments to its pregnancy and disability regulations, please see below:   

Meet the Councilmembers

The Fair Employment and Housing Council consists of seven councilmembers appointed by the Governor and confirmed by the Senate.  Current Councilmembers are Chairperson Chaya Mandelbaum and Councilmembers Dale Brodsky, Chanee Franklin Minor, Patricia Perez, and Andrew Schneiderman.  There are currently two vacancies on the Council. 

 

                                                          

Chair Chaya Mandelbaum has served in multiple positions at Sanford Heisler LLP since 2011, including senior litigation counsel and associate.  He was a trial attorney for the Office of the Solicitor at the United States Department of Labor from 2007 to 2011 and an associate at Morgan Lewis and Bockius LLP from 2005 to 2007.  Mr. Mandelbaum is vice president of the Scott Raymond Evans Foundation Board of Directors.   He earned his Juris Doctor from the University of Michigan Law School.  Appointed by Governor Edmund G. Brown Jr., Mr. Mandelbaum's term expires January 1, 2017. 

 

Councilmember Dale Brodsky is a partner at Beeson Tayer and Bodine, where she served as an attorney since 2002.  She was associate editor for the California Public Employee Relations Program at University of California, Berkeley from 2000 to 2002 and an attorney in private practice from 1997 to 2002.  Ms. Brodsky was an adjunct law professor at the University of San Francisco from 1997 to 2001 and a teacher at Mt. Diablo Unified School District from 1992 to 1996.  She was an associate attorney at Saperstein Seligman and Mayeda from 1989 to 1991 and an attorney in private practice from 1984 to 1989.  Ms. Brodsky held multiple positions at the California Department of Fair Employment and Housing from 1978 to 1983, including staff attorney and legal counsel.  She was deputy public defender for the City and County of San Francisco in 1978.  Ms. Brodsky is an advisory board member of the California Public Employee Relations Program and the Contra Costa County Behavioral Health Court.  She is a member of the AFL-CIO Lawyers Coordinating Committee, California Employment Lawyers Association, National Lawyers Guild and American Civil Liberties Union.   Ms. Brodsky earned her Juris Doctor from the University of California, San Francisco School of Law.  Appointed by Governor Edmund G. Brown Jr., Ms. Brodsky's term expires January 1, 2017.   

 

Councilmember Chanee Franklin Minor has been a staff attorney for the Rent Stabilization Board at the City of Berkeley since 2011.  She was an associate at Cooley Godward Kronish LLP from 2006 to 2009, and a staff attorney at the Eviction Defense Center in 2005.  Ms. Franklin Minor served as commissioner at the Oakland Residential Rent Adjustment Board from 2008 to 2009.  She is a member of the Black Women Lawyers Association of Northern California and the Charles Houston Bar Association Board of Directors.  Ms. Franklin Minor earned her Juris Doctor from Cornell Law School.  Appointed by Governor Edmund G. Brown Jr., Ms. Franklin Minor's term expires January 1, 2017.  

 

Councilmember Patricia Perez has been president and chief executive officer at Puente Consulting APC since 2001.  She was human resources director and in-house employment counsel at Skadden Arps Slate and Meagher from 2000 to 2001 and project director at the National Center for State Courts from 1998 to 1999.  Ms. Perez was an attorney at Barnhorst Schreiner and Goonan from 1996 to 1998 and at Balestreri Dorigan and Pendleton from 1993 to 1996.  She is a member of the State Bar Labor and Employment Law Section Executive Committee and served as vice-chair of the California Fair Employment and Housing Commission from 2008 to 2011.  Ms. Perez earned her Juris Doctor from the University of California, Los Angeles School of Law.  Appointed by Governor Edmund G. Brown Jr., Ms. Perez's term expires January 1, 2017. 

 

Councilmember Andrew Schneidermanhas been vice president and general counsel at the California Commerce Club Inc. since 1994.  He worked in multiple positions at Parker Milliken Clark O'Hara and Samuelian from 1987 to 1994, including associate attorney, attorney and equity partner.  Mr. Schneiderman was an associate attorney at Sternberg and Associates from 1982 to 1987.  He is a board member at Imagine LA and has performed pro bono work at Public Counsel Law Center since 2008.  Mr. Schneiderman earned his Juris Doctor from Washington University School of Law.  Appointed by Governor Edmund G. Brown Jr., Mr. Schneiderman's term expires January 1, 2017. 

  

Pregnancy Regulations

 

The Fair Employment and Housing Commission’s amended pregnancy regulations became effective on December 30, 2012.  A copy of the amended regulations is available here and in the California Code of Regulations. 

 

  1.   Text Proposed Pregnancy Regulations
  2.   Initial Statement of Reasons  – Pregnancy
  3.   Notice of Proposed Rulemaking – Pregnancy
  4.   Notice of Modifications – Pregnancy
  5.   Text Modified June 13, 2012 Pregnancy Regs
  6.   Text Modified June 13, 2012 Pregnancy Regs – Clean Version
  7.   Notice of Modifications – Pregnancy
  8.   Text Modified August 14, 2012 Pregnancy Regs
  9.   Notice of Modifications – Pregnancy
10.   Text Modified September 14, 2012 Pregnancy Regs 
11.   Text Modified September 14, 2012 Pregnancy Regs – Clean Version
12.   Text Adopted October 2, 2012 Pregnancy Regs
13.   Text Approved November 30, 2012 Pregnancy Regulations
14.   Approved Text Effective December 30, 2012 Pregnancy Regulations – Clean Version

Exhibits to Notice of Proposed Rulemaking - Pregnancy

      1.   Stats. 1999, c. 591 (A.B. 1670), § 9.
      2.   Assembly Committee on the Judiciary, May 11, 1999 hearing, A.B. 1670 analysis prepared by Drew Liebert, Assembly Judiciary Committee.
      3.   Assembly Committee on Appropriations, May 26, 1999 hearing, A.B. 1670 analysis prepared by Chuck Nicol, Appropriations.
      4.   Senate Judiciary Committee, August 17, 1999 hearing, A.B. 1670 analysis prepared by “DLM.”
      5.   Senate Appropriations Committee, August 30, 1999 hearing, A.B. 1670 analysis prepared by Lisa Matocq.
      6.   Stats. 2004, c. 647 (A.B. 2870), § 5.
      7.   Assembly Committee on Labor and Employment, April 21, 2004 hearing, A.B. 2870 analysis prepared by Ben Ebbink, Labor & Employment Committee.
      8.   Assembly Committee on Appropriations, May 5, 2004, A.B. 2870 analysis prepared by Stephen Shea, Appropriations.
      9.   Senate Committee on Labor and Industrial Relations, June 23, 2004 hearing, A.B. 2870 analysis prepared by Frances Low.
    10.   Stats. 2011, c. 510 (S.B. 299), § 1.5.
    11.   Stats. 2011, c. 678 (A.B. 592), § 1.5.
    12.   Stats. 2011, c. 261 (S.B. 559.)
    13.    University of California Newsroom article, April 4, 2006: Few Women Take Pregnancy Leave in California, Study Finds.
    14.    “Sex By Age By Employment Status for the Population 16 Years and Over,” Universe: Population 16 years and older, Data Set Census 2000 Summary File 4 (SF 4) – Sample Data (2000) available at http://www.calmis.ca.gov/FILE/Census2000/LFbySexbyAge.xls.
    15   .California Department of Public Health TABLE 2-2. General Fertility Rates, Total Fertility Rates, and Birth Rates by Age and Race/Ethnic Group of Mother, California, 2005 - 2009.
    16.    Guendelman, Pearl, Graham, Angulo and Kharrazi, “Utilization of Pay-in Antenatal Leave Among Working Women in Southern California,” Maternal and Child Health Journal, Vol. 10, No. 1, January 2006, p. 63, 66. Abstract of Utilization of Pay-in Antenatal Leave Among Working Women in Southern California.
    17.   California Department of Public Health, Table 2-9. Number and Percent of Live Births by Number of Prenatal Visits and Race/Ethnic Group of Mother, California, 2006.
    18.   Rittenhouse, Marchi, Braveman, ”Improvements in Prenatal Care Utilization and Insurance Coverage in California: An Unsung Public Health Victory?” Abstr Acad Health Serv Res Health Policy Meet. 2002; 19: 23. Family and Community Medicine & Institute for Health Policy Studies, University of California, San Francisco.
    19.   LEHD State of California County Reports - Quarterly Workforce Indicators, Third Quarter, 2010, Age Group 14-99, Gender, Female, available at http://www.labormarketinfo.edd.ca.gov/?pageid=127.
    20.   Job Accommodation Network, “Workplace Accommodations: Los Cost, High Impact”, p. 2, last updated September 1, 2011.
    21.   Employment Development Department, Labor Market Information Division, Table 3A, Number of Businesses, Number of Employees, and Third Quarter Payroll by Size of Business, State of California, Third Quarter, 2 010 available at http://www.calmis.ca.gov/file/indsize/2010sfcoru.xls.
    22.   Hillmer, Hillmer, and McRoberts, (2004) “The Real Costs of Turnover: Lessons from a Call Center,”[pdf] Human Resource Planning, Vol. 27, Issue 3, p. 34.
    23.   U.S. Chamber of Commerce, Institute for a Competitive Workforce, (2007) “Recruitment and Retention of the Frontline and Hourly Wage Worker: A Business Perspective.” p. 2 available at http://www.uschamber.com/sites/default/files/reports/frontlinehourlywagepaper.pdf [pdf] (last visited October 31, 2011).
    24.   U.S. Census Bureau, (2005) “Maternity Leave and Employment Patterns of First Time Mothers,” p. 6, available at http://www.census.gov/prod/2005pubs/p70-103.pdf [pdf] (last visited December 2, 2009).
    25.   National Business Group on Health, “Healthy Pregnancy and Healthy Children: Opportunities and Challenges for Employers: The Business Case for Promoting Healthy Pregnancy,” pp. 10-13 available at http://www.businessgrouphealth.org/pub/f3001e0d-2354-d714-513a-1b102fb69bbe[pdf] (last visited February 17, 2012). 

 

DISABILITY REGULATIONS

The Fair Employment and Housing Commission’s amended disability regulations became effective on December 30, 2012.  A copy of the amended regulations is available here and in the California Code of Regulations. 


 1.  Text Proposed Disability Regs 
 2.   Initial Statement of Reasons  – Disability
 3.   Notice of Proposed Rulemaking  – Disability
 4.   Notice of Modifications – Disability
 5.   Text Modified June 13, 2012 Disability Regs 
 6.   Text Modified June 13, 2012 Disability Regs – Clean Version
 7.   Notice of Modifications  – Disability
 8.   Text Modified August 14, 2012 Disability Regs
 9.   Text Modified August 14, 2012 Disability Regs  -- Clean Version
10.   Notice of Modifications – Disability
11.   Text Modified September 14, 2012 Disability Regs -- Clean Version 
12.   Text Modified September 14, 2012 Disability Regs
13.   Text Adopted October 2, 2012 Disability Regs 
14.   Notice of Modifications  – Disability
15.   Text Modified November 30, 2012 Disability Regs  
16.   Approved Text Effective December 30, 2012 Disability Regulations -- Clean Version

Exhibits to Notice of Proposed Rulemaking - Disability

  1. The Prudence Kay Poppink Act of 2000 (Stats. 2000, c. 1049(A.B. 2222), § 6, Kuehl (PKP Act); Gov. Code, §§ 12926, 12926.1 & 12940
  2. Green v. State of California  [pdf] (2007) 42 Cal. 4th 254
  3. The Genetic Information Non-discrimination Act of 2008 (GINA) (Stats. 2008, c. 10 (A.B. 1543), § 13) (Pub. Law 110-233)
  4. Stats. 2011, c. 261 (S.B. 559), “Cal-GINA”
  5. The Americans with Disabilities Act Amendment Act of 2008 (ADAAA) (Public Law 110-325) (S 3406)), 42 U.S.C. § 12101, et seq.
  6. The ADAAA interpretative regulations (29 C.F.R. pt. 1630, et seq, eff. May 24, 2011)
  7. EEOC’s Appendix to Part 1630 – Interpretative Guidance on Title I of the ADA, 29 C.F.R. pt. 1630.2, subd. (j)(5), app. § 1630.2, subd. (j)(i)(vi)
  8. EEOC’s Enforcement Guidance:  Reasonable Accommodation and Undue Hardship Under the ADA, (EEOC Notice No. 915.002 at No. 7) (7/27/00), 2 EEOC Compl. Man. (CCH) ¶6910 (2000)
  9. Cassista v. Community Foods, Inc. (1993) 5 Cal.4th 1050. 1065 (obesity per se is not a disability)
  10. EEOC guidance on the ADAAA, which includes "severe obesity" as a disability.  (ADAAA interpretative regulations, 29 C.F.R. pt. 1630.3; EEOC's Section 902 Definition of Disability, §902.2, subd. (c)(5)(ii).)
  11. Enforcement Guidance on Disability-Related Inquiries and Medical Exams of Employees under the ADA
  12. Table 1, CA EDD Data (last checked 11/4/11
  13. Pie Chart Showing 2010 Employment Accusations Filed by DFEH by Protected Basis [pdf]
  14. Job Accommodation Network (JAN), “Workplace Accommodations:  Low Cost, High Impact,” Updated September 1, 2011, page 5 (available athttp://askjan.org/media/LowCostHighImpact.doc) [Word]
  15.   BLS National Jobs Report based on October 2011 Data,  [pdf]  “The Employment Situation – October 2011, “Table A-6.  Employment status of the civilian population by sex, age, and disability status, not seasonally adjusted” (last checked on 11/4/11)
  16. ADAAA interpretative regulations, pages 16997-8, citing Elizabeth Emens, Integration Accommodation, 156 U. Pa. L. Rev. 839, 850-59 (2008) (explaining a wide range of potential third-party benefits that may arise from workplace accommodations). 
    17.