Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

On October 20, 2007, Alex Hernaez and Keith Chrestionson of Kauff McClain & McGuire LLP presented the differences between federal and California law on leaves of absence. 

There are many acronyms to remember when studying leaves of absence.  Under federal law, the student needs to be aware of Title VII, ADA, EEOC, FMLA.  Under California law, there is FEHA, DFEH, CFRA, PDL, PFL.

One main difference between California and federal law is that in California, it is illegal to discriminate on sexual orientation.  In California, perceived disability is also illegal.  Finally, in California law, gender identity discrimination is not allowed.  For instance, if a person thinks a man is feminine and treats him as a female, it is illegal in California. 

The California laws bring up many transgender discrimination issues.  There are issues with bathrooms where people argue the right to use the bathroom for the sex they identify with.  A man can say he is a woman trapped in a man’s body, and argue to use the woman’s bathroom.