Gonzalez Fletcher
Author
The California Fair Employment and Housing Act (FEHA) prohibits various actions as unlawful employment practices and makes it an unlawful employment practice for an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to engage in harassment of an employee or other specified person. FEHA also makes harassment of those persons by an employee, other than an agent or supervisor, unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. Under FEHA, an employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees and other specified persons, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. FEHA defines harassment for these purposes to include sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Existing law also requires a client employer, as defined, to share with a labor contractor, as defined, all civil legal responsibility and civil liability for all workers supplied by that labor contractor for the payment of wages and the failure to obtain valid workers' compensation coverage. This bill would require a client employer to share with a labor contractor all civil legal responsibility and civil liability for harassment for all workers supplied by that labor contractor. Existing law prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off work to obtain specified relief or because of the employee's status as a victim of domestic violence, sexual assault, or stalking, if the victim provides notice to the employer of the status or the employer has actual knowledge of the status. Existing law authorizes an employee to file a complaint with the Division of Labor Standards Enforcement for a violation of these prohibitions or that reasonable accommodations requirement within one year from the date of occurrence of the violation. Existing law makes it a misdemeanor for an employer to refuse to rehire, promote, or restore an employee who has been determined to be so eligible by a grievance procedure or legal hearing. This bill would also prohibit an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee's status as a victim of sexual harassment, as defined by FEHA. The bill would establish a rebuttable presumption of unlawful retaliation based on the employee's status as a victim of domestic violence, sexual assault, sexual harassment, or stalking if an employer takes specific actions within 30 days following the date that the victim provides notice to the employer or the employer has actual knowledge of the status. By expanding the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Vetoed by Governor.
Enrolled and presented to the Governor at 4:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 25. Page 7035.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 13. Page 6010.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 16).
Read second time and amended. Ordered returned to second reading.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 27).
From committee: Do pass and re-refer to Com. on L. & I.R. (Ayes 5. Noes 2.) (June 26). Re-referred to Com. on L. & I.R.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 23. Page 5627.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 25).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 24).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (April 18). Re-referred to Com. on JUD.
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
From printer. May be heard in committee March 19.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB3081 | HTML |
| 02/16/18 - Introduced | |
| 03/22/18 - Amended Assembly | |
| 04/26/18 - Amended Assembly | |
| 05/09/18 - Amended Assembly | |
| 05/25/18 - Amended Assembly | |
| 07/02/18 - Amended Senate | |
| 08/17/18 - Amended Senate | |
| 08/24/18 - Amended Senate | |
| 09/04/18 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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