Attorney General Bonta and leading disability and worker rights advocates take stand against efforts to undermine California’s employment protections

October 6, 2022 – Today California Attorney General Rob Bonta and ten leading disability and worker rights organizations led by Legal Aid at Work filed amicus briefs in the California Supreme Court in support of the firm’s clients in Raines v. U.S. Healthworks (Case No. S273630). Agreeing with arguments made by firm lawyers Randy Erlewine, Brian Conlon, and Kyle O’Malley, these amici urge the California Supreme Court to make it clear that the state’s Fair Employment and Housing Act (“FEHA”) applies to entities undertaking activities regulated by FEHA on behalf of an employer. The amici also reiterate the potential harms to all Californians, and particularly those with disabilities, if FEHA’s strong anti-discrimination provisions are undermined. Were U.S. Healthworks to prevail, they argue, it would create a dangerous precedent allowing corporations acting on behalf of an employer to evade liability for their own unlawful actions.

In a press release, Attorney General Bonta stated: “You don’t need to know someone’s menstrual health to decide if they’re qualified to deliver food to those in need. Highly intrusive, non-job-related questions about someone’s disability status, menstrual health, or hair loss are unlawful and discriminatory. In this moment in particular with some politicians looking to weaponize people’s personal medical decisions, we need to make it absolutely clear that employers and entities acting on their behalf are not entitled to information they don’t need and can be held accountable under California law. Employment screenings have to be specifically related to the job at hand. If not, they can result in discrimination, whether it’s against applicants with disabilities or anyone else. In California, workers are protected and they deserve a fair shot when applying for a job.” 

Access the Attorney General’s amicus brief here. Access the disability and worker advocates’ brief here.