Sec. 11058 - Terms, Conditions and Privileges of Employment

ยง 11058. Terms, Conditions and Privileges of Employment

(a) Fringe Benefits.

(1) The availability of benefits to any employee shall not be based on the employee's marital status. However:

(A) Bona fide fringe benefit plans or programs may provide benefits to an employee's spouse or dependents;

(B) Such bona fide fringe benefit plans or programs may decline to provide benefits to any individual who is not one of the following: an employee of the employer, a spouse of an employee of the employer, or a dependent of an employee of the employer.

(2) Insofar as an employment practice discriminates against individuals on the basis of marital status, fringe benefits shall not be conditioned upon whether an employee is head of household, principal wage earner, secondary wage earner, or other similar status.

(b) Inter-Personal Conduct.

(1) An employer or other covered entity shall not use job responsibilities such as travel, entertainment, or other non-office hour duties as a justification for discriminating on the basis of marital status.

(2) It is unlawful to require a married female applicant or employee to use her husband's name.

(1. Change without regulatory effect renumbering former section 7292.6 to new section 11058 and amending section and Note filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).)

Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 12920, 12921 and 12940, Government Code.

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