Assemblywoman Mariko Yamada was joined again Tuesday by representatives from the interfaith community as she presented AB 1964, the Workplace Religious Freedom Act of 2012, in the Assembly Judiciary Committee, a key policy committee regarding religious freedom.
AB 1964 clarifies the Fair Employment and Housing Act to ensure that religion receives equal protection under law. With recent amendments, the bill has gained momentum, garnering the support of the American Civil Liberties Union. AB 1964 passed out of the Assembly Judiciary Committee with a 9-0 vote and overwhelming bipartisan support.
“It is a testament to the importance of religious freedom in the workplace that AB 1964 has the support of Sikhs, Muslims, Catholics, Seventh Day Adventists, members of the Jewish community, labor groups and both Democratic and Republican legislators,” said Yamada, D-Davis. “This bill ensures equal employment opportunity for thousands of Californians who have been relegated to second-class status in their jobs because of their religious observances or appearance.”
AB 1964, a number chosen to reflect its relationship to the landmark federal Civil Rights Act of 1964, states that undue hardship, as defined in the Definitions section of FEHA, will also apply to the Religious Discrimination section. This change clears up legal confusion of federal vs. state definitions of “undue hardship”. The bill would also specify that religious clothing and hairstyles qualify as a religious belief or observance and that segregating an employee from customers or the public is not a reasonable accommodation of an employee”s religious beliefs. This is the second hearing for AB 1964, having received bipartisan support in the Assembly Labor & Employment Committee last week.
“The most urgent religious freedom issue in America today is in the workplace, where too many Americans are losing their jobs each day for no other ”crime” than their faith,” said Alan J. Reinach, Esq., Executive Director of the Church State Council, who testified in support of the bill in committee.
Changing demographics, both nationally and in California, has resulted in increased numbers of religious discrimination cases in the United States. According to the Equal Employment Opportunity Commission religious discrimination cases rose 9.5 percent in 2011, contributing to the nearly 100,000 charges of employer discrimination nationwide. In California, employers faced over 500 such cases.
