Pilar Schiavo
- Democratic
- Assemblymember
- District 40
Author
Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency, under the direction of the Director of Civil Rights, to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prescribes various functions, duties, and powers of the department, including, among others, to bring prescribed civil actions for violations of specified federal civil rights and antidiscrimination laws. Prior law, until January 1, 2025, authorized an employee who was discriminated or retaliated against for exercising certain rights to file a complaint with the Division of Labor Standards Enforcement in accordance with specified Labor Code provisions. These employee rights include, among other things, the right to take time off work to serve on a trial or to obtain specified crime-related relief. Existing law, as of January 1, 2025, transferred the authority to enforce these discrimination provisions from the Division of Labor Standards Enforcement to the Civil Rights Department. Existing law also repealed the above-described Labor Code provisions, and added new enforcement provisions to the California Fair Employment and Housing Act within the Government Code. Among other changes, these provisions refer to a "qualifying act of violence," as defined, instead of crime, or crime or abuse, for purposes of obtaining relief. Existing law further prohibits an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off work for any of a number of additional prescribed purposes relating to a qualifying act of violence, as defined. Existing law requires an employee, as a condition of taking time off, to provide the employer with reasonable advance notice, unless not feasible, in accordance with certain procedural requirements. This bill would reinstate the above-described former Labor Code provisions, to apply only to alleged actions or inactions occurring on or before December 31, 2024. This bill would also transfer enforcement authority for two additional discrimination provisions relating to attending judicial proceedings from the Division of Labor Standards Enforcement to the Civil Rights Department. The bill would make other conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 148, Statutes of 2025.
Enrolled and presented to the Governor at 4 p.m.
Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 0. Page 3286.).
From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 0.) (September 10).
Joint Rule 62(a), file notice suspended. (Page 3061.)
Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.
Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 30. Noes 2. Page 2460.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 15). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (July 9). Re-referred to Com. on JUD.
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.
Re-referred to Coms. on L., P.E. & R. and JUD.
Withdrawn from committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U & C.
Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1386.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 23).
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 18. Noes 0.) (March 26). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & E. Read second time and amended.
From printer. May be heard in committee March 7.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB406 | HTML |
| 02/04/25 - Introduced | |
| 03/04/25 - Amended Assembly | |
| 06/23/25 - Amended Senate | |
| 06/27/25 - Amended Senate | |
| 09/15/25 - Enrolled | |
| 10/01/25 - Chaptered |
| Document | Format |
|---|---|
| 03/25/25- Assembly Committee on Utilities and Energy | |
| 04/21/25- Assembly Appropriations | |
| 07/08/25- Senate Committee on Labor, Public Employment and Retirement | |
| 07/11/25- Senate Judiciary | |
| 08/20/25- Sen. Floor Analyses | |
| 09/09/25- Assembly Labor and Employment | |
| 09/10/25- ASSEMBLY FLOOR ANALYSIS |
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.