The 12 Days of California Labor & Employment – Day 5 "FEHA Expansion Regarding Contraceptives"
In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fifth day of the holidays, my labor and employment attorney gave to me: five golden rings and SB 523.
What exactly is "reproductive health decision-making?" Per SB 523, It is defined as including, "but not limited to, a decision to use or access a particular drug, device, product, or medical service reproductive health." This is likely to include medications, vasectomies, or in-vitro fertilization.
In addition to the new protection under FEHA, an employer may not require the disclosure of information relating to reproductive health decision making as a condition of employment, continued employment or a benefit of employment.
Existing law establishes health care coverage for contraceptives, including but not limited to, up to a twelve (12) month supply of FDA approved self-administered hormonal contraceptives. SB 523 expands coverage of contraceptives by a healthcare service plan contract or healthcare insurance policy issued, amended, renewed, or delivered by January 1, 2024. These plans will require point-of-sale coverage for over-the-counter FDA approved contraceptive drugs, devices, and products at in-network pharmacies without cost-sharing or medical management restrictions. In addition, these plans should not have a deductible, co-pay, coinsurance, or other cost-sharing for vasectomies services similar to those applicable to other contraceptive coverage.
Employers should take note of the latest protected class and update their equal employment opportunity policy and handbook policies to include reproductive health decision-making as a protected class beginning in 2023.