DFEH answers FAQs about issues raised by COVID-19 pandemic

As we all know by now, a pandemic of respiratory illness caused by a new coronavirus, COVID-19, has been identified in the United States. Governor Gavin Newsom has declared a state of emergency in California. Unfortunately, reports of harassment against Chinese citizens in the United States have been circulating in the news. The pandemic has also raised many issues for employers about how to navigate disability and family leave laws in response to the pandemic.

On March 20, 2020, the California Department of Fair Employment and Housing (DFEH) released some answers to employers' frequently asked questions that provide helpful information for navigating some of the complicated issues that have arisen as a result of the pandemic.

First, some reminders

It's unlawful under California's Fair Employment and Housing Act (FEHA) for an employer to discriminate against or treat an employee less favorably than other employees because of her race or national origin. National origin includes geographic places of origin, ethnic groups, and tribal affiliations.

It's also unlawful under the FEHA for an employer to refuse to hire, segregate, or send employees home because of their actual or perceived race or national origin or because of their association with someone (including through marriage or cohabitation) based on race or national origin. Employers must take reasonable steps to prevent and promptly correct any discriminatory and harassing conduct in the workplace.