Portantino
Author
Existing law, the Legislative Employee Whistleblower Protection Act, imposes criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employee's exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law or a violation of a legislative standard of conduct. This bill would define "protected disclosure" for purposes of that act to also include a complaint made at the request of a legislative employee and a complaint made against a nonemployee in specified circumstances. Existing law, the California Fair Employment and Housing Act (FEHA) , protects and safeguards the right and opportunity of all persons to generally seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of enumerated protected categories. Existing law also precludes an employer, labor organization, employment agency, or person from discharging, expelling, or otherwise discriminating against any person because the person has opposed any practices forbidden under FEHA or because the person has filed a complaint, testified, or assisted in any FEHA proceeding. Existing law, the Unruh Civil Rights Act, states that all people in California are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law establishes a cause of action for violations of that act. Existing law also separately establishes liability for sexual harassment if a plaintiff proves specified elements, including, among other things, that there is a business, service, or professional relationship between the plaintiff and defendant. This bill would declare that neither house of the Legislature may retaliate against a legislative advocate or employee, as defined, because that person has opposed any practices forbidden under the above provisions, or filed a complaint, testified, or assisted in any proceeding relating to a complaint of harassment under those provisions. This bill would impose civil liability for a violation of that prohibition. This bill would also require each house of the Legislature to maintain a record of each harassment complaint made to that house for a period of at least 12 years after the complaint is made. This bill would declare that it is to take effect immediately as an urgency statute.
Chaptered by Secretary of State. Chapter 952, Statutes of 2018.
Approved by the Governor.
Enrolled and presented to the Governor at 5 p.m.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Urgency clause adopted. Passed. Ordered to the Senate.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 6152.) Ordered to engrossing and enrolling.
Ordered to special consent calendar.
Read second time. Ordered to consent calendar.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. Ordered to consent calendar. (Ayes 10. Noes 0.) (August 24).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Read second time and amended. Re-referred to Com. on RLS.
From committee: Do pass as amended and re-refer to Com. on RLS. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (July 3).
Read third time. Urgency clause adopted. Passed. (Ayes 39. Noes 0. Page 4126.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
Read third time and amended.
Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 4020.) (January 9).
Set for hearing January 9 in JUD. pending receipt.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Withdrawn from committee.
Set for hearing January 8.
April 24 set for first hearing. Failed passage in committee. (Ayes 3. Noes 1.) Reconsideration granted.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.
Set for hearing April 24.
April 17 hearing postponed by committee.
Re-referred to Coms. on B., P. & E.D. and JUD.
Withdrawn from committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Referred to Coms. on PUB. S. and B., P. & E.D.
From printer. May be acted upon on or after March 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB419 | HTML |
| 02/15/17 - Introduced | |
| 03/20/17 - Amended Senate | |
| 04/17/17 - Amended Senate | |
| 01/04/18 - Amended Senate | |
| 01/11/18 - Amended Senate | |
| 01/24/18 - Amended Senate | |
| 08/06/18 - Amended Assembly | |
| 08/21/18 - Amended Assembly | |
| 08/27/18 - Amended Assembly | |
| 09/07/18 - Enrolled | |
| 09/30/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.