Gonzalez
Author
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 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 expand the scope of these provisions by defining "employer" for purposes of these provisions to mean any person employing another under any appointment or contract of hire and to include the state, political subdivisions of the state, and municipalities. The 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. The bill would provide that "sexual harassment" has the same meaning as in a specified provision of the California Fair Employment and Housing Act. The bill, commencing July 1, 2020, 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 90 days following either the date when the victim provides notice to the employer or when the employer has actual knowledge of the status. The bill would allow the presumption to be rebutted by evidence that the employer has a nonretaliatory business reason for the adverse action taken. 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.
Consideration of Governor's veto stricken from file.
Vetoed by Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 12. Page 3583.).
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10. Page 2935.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (August 30).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 10). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on L., P.E. & R. (Ayes 7. Noes 2.) (July 2). Re-referred to Com. on L., P.E. & R.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
Referred to Coms. on JUD. and L., P.E. & R.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 5. Page 1919.)
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 14. Noes 0.) (May 16).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (March 26). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (March 6). Re-referred to Com. on JUD.
From printer. May be heard in committee February 8.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB171 | HTML |
| 01/08/19 - Introduced | |
| 03/21/19 - Amended Assembly | |
| 05/16/19 - Amended Assembly | |
| 07/03/19 - Amended Senate | |
| 09/18/19 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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