BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1745|
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UNFINISHED BUSINESS
Bill No: SB 1745
Author: Kuehl (D), et al
Amended: 8/24/06
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-1, 4/25/06
AYES: Dunn, Escutia, Kuehl
NOES: Ackerman
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 23-10, 5/25/06 (NOTE: This vote may not be
relevant)
AYES: Alarcon, Alquist, Bowen, Cedillo, Chesbro, Ducheny,
Dunn, Figueroa, Florez, Kehoe, Kuehl, Lowenthal, Machado,
Migden, Murray, Ortiz, Perata, Romero, Scott, Simitian,
Soto, Torlakson, Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Cox, Dutton,
Hollingsworth, Morrow, Poochigian, Runner
NO VOTE RECORDED: Denham, Escutia, Maldonado, Margett,
McClintock, Speier, Vacancy
ASSEMBLY FLOOR : 48-30, 8/28/06 - See last page for vote
SUBJECT : Employment discrimination: victim of violence
SOURCE : American Civil Liberties Union
California Coalition Against Sexual Assault
California Commission on the Status of Women
California National Organization for Women
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California Partnership to End Domestic Violence
Legal Aid Society - Employment Law Center
DIGEST : As it left the Senate, this bill declared the
intent of the Legislature to develop legislation that
protects victims of domestic violence, sexual assault, and
stalking from housing and employment discrimination.
As amended in the Assembly, this bill is narrowed to
employment discrimination and provides that it is against
the public policy of the state to discriminate against a
person in employment because he/she is a victim of domestic
violence, sexual assault, or stalking, as defined.
This bill also contains legislative findings and
declarations.
ANALYSIS : This bill declares public policy with respect
to certain crime
victims, most of whom are women. Specifically, this bill
makes certain findings and declarations and states that it
is against the public policy of the state for any employer
of one or more employees to harass any individual, or for
any employer of five or more employees to harass, refuse to
hire or employ, discharge, or otherwise discriminate
against any individual in compensation, or in other terms,
conditions, or privileges of employment, because the
individual is a victim of domestic violence, sexual
assault, or stalking.
This bill contains the following legislative findings:
1. Domestic violence, sexual assault, and stalking affect
many persons without regard to age, race, national
origin, sexual orientation, or socioeconomic status.
Twenty-one percent of full-time employed persons
surveyed identified themselves as victims of domestic
violence.
2. Studies show that up to one-half of domestic violence
victims experience job loss. Forty percent reported
on-the-job harassment. Nearly 50 percent of the sexual
assault survivors lose their jobs or are forced to quit
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in the aftermath of the assaults.
3. Retaining employment is vital to independence and
recovery for victims of domestic violence, sexual
assault, and stalking.
4. Law enforcement faces obstacles in successfully
investigating and prosecuting violent criminals when
victims fear adverse employment actions.
5. Employers have the tools, including workplace protective
orders to maintain workplace safety without terminating
or discriminating against victims of domestic violence.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/28/06)
American Civil Liberties Union (co-source)
California Coalition Against Sexual Assault (co-source)
California Commission on the Status of Women (co-source)
California National Organization for Women (co-source)
California Partnership to End Domestic Violence (co-source)
Legal Aid Society - Employment Law Center (co-source)
Asian Americans for Civil Rights and Equality
Asian Pacific Women's Center
California Labor Federation
California Narcotics Officers' Association
California Peace Officers' Association
California Police Chiefs' Association
Community Overcoming Relationship Abuse - CORA
Community Solutions
DOVES - Domestic Violence Education and Services
Family Services of Tulare County
Haven Women's Center
Humboldt Domestic Violence Services
Lambda Letters Project
Los Angeles Gay and Lesbian Center
Marin Abused Women's Services
Marjaree Mason Center
North County Women's Resource Center and Shelter
The Coalition to End Family Violence
The Riley Center of St. Vincent De Paul Society
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Safe Alternatives to Violent Environments
San Francisco District Attorney's Office
Santa Clara County Domestic Violence Advocacy Consortium
South Bay Community Services
South Lake Tahoe Women's Center
STAND! Against Domestic Violence
Su Casa Domestic Abuse Network
Support Network for Battered Women
WEAVE Inc.
Western Center on Law and Poverty
Woman to Woman Domestic Violence Programs
YWCA of Glendale
OPPOSITION : (Verified 8/28/06)
California Chamber of Commerce
California Grocers Association
California Manufacturers and Technology Association
ARGUMENTS IN SUPPORT : According to the author's office,
survivors of domestic violence, sexual assault, and
stalking often face severe economic barriers when they
attempt to leave those who have victimized them. The
ability to gain and keep a job is vital to the independence
and recovery for victims of these crimes. When victims
face the additional obstacle of employment discrimination
based solely on their status as a victim, when they are
fired or demoted or retaliated against, it can further
seriously hinder their efforts to survive the violence.
Additionally, the efforts of law enforcement officers to
investigate and prosecute these violent crimes are impeded
when victims live in fear of adverse employment actions.
The author's office reports that in one survey 21 percent
of people with full time jobs identified themselves as
victims of domestic violence, and that studies also show
that up to one-half of domestic violence victims experience
job loss. Nearly 50 percent of sexual assault survivors
lose their jobs or are forced to quit in the aftermath of
the assaults, the author states. Following reports of
violence, some employers terminate employees simply because
they are victims. According to the author's office,
domestic violence has also been identified as one of the
primary causes of homelessness in cities across the
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country, which may also be correlated with job loss. This
bill puts employers and employees on notice that it is
against the public policy of California to discharge or
take other adverse employment action against an individual
in employment because he/she is a victim of domestic
violence, sexual assault, or stalking.
ARGUMENTS IN OPPOSITION : The California Chamber of
Commerce states:
"The California Chamber of Commerce opposes SB 1745
(Kuehl), amended August 24, 2006, which seeks to
establish a new, unique to California, public policy
statute sanctioning new types of employment based
lawsuits for issues employers may not have knowledge of
or control over.
"As amended, SB 1745 would establish a statutory
statement of public policy prohibiting any person from
discharging, refusing to hire or harass any individual,
or otherwise discriminate or retaliate against any
individual in compensation, or in other terms,
conditions, or privileges of employment, 'because the
individual is a victim of domestic violence, sexual
assault, or stalking.' The Chamber does not believe it
is reasonable to add new employer legal liability over
issues over which an employer has no control.
"SB 1745 opens way to new employment lawsuits. A
statement of public policy, in the absence of any other
more specific statutes, permits judges to give
permission for wrongful termination lawsuits to proceed
Almost always alleged violations of public policy end
up in the courts for resolution. While its not easy to
prove a wrongful discharge claim, such claims subject
employers to substantial risks and potential damages
that even exceed the relief that is available to most
victims of harassment or discrimination under other
state laws.
"SB 1745 permits testing of new types of
employment-based lawsuits. The California Chamber is
concerned that SB 1745's creation of new public policy
in the Civil Code will permit testing of new legal
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theories against employers in court. If enacted,
plaintiffs and their attorneys would be able to use
'violations of public policy' under proposed new Civil
Code 53.5 as a new basis for an employment
discrimination lawsuit. It is important to note that
even when employers are found not guilty of violating a
law or public policy, employer legal defense costs may
easily reach between $50,000 to $100,000.
"SB 1745 sets up brand new area of legal liability with
no administrative resolution is available. Lawsuits
using wrongful discharge in violation of a public
policy lets an employee or job applicant to elect to
have the lawsuit tried before an often unpredictable
jury and can seek damages not only for lost wages and
benefits, but also for such subjective and ill-defined
matters as pain and suffering and punitive damages.
Although an employer's exposure to damages in a
wrongful discharge case depends upon the particular
facts of each case, employers are very aware that
awards by juries exceeding $1 million are not unheard
in these types of lawsuits. The Chamber is concerned,
that at the end of the day, SB 1745 ends up being yet
another way for trial attorneys and their clients to
sue employers for very large monetary awards.
"Extensive Protections Already Exist. The California
Labor Code currently prohibits employers with 25 or
more employees from discharging or discriminating
against an employee who takes time off to seek medical
attention, obtain services from a domestic violence
shelter or rape crisis center, obtain psychological
counseling, or participate in safety planning. Current
remedies, if a covered employer is found to have
violated the law include: reinstatement, reimbursement
for lost wages, interest and reasonable attorney fees,
plus court cost. Employees also are able to seek and
obtain large civil penalties through 'Sue Your Boss'
(SB 796, Chapter 906, Statues of 2003) lawsuits.
Current Labor Code provisions specifically permit the
pursuit of additional civil remedies in addition to the
ones listed above.
"Employers need positive tools, not more liability.
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Today, there are positive tools that employers may
utilize to protect their employees from outside
harassment by former spouses and partners. Over the
past several years, the California Chamber has worked
with a number of members of the legislature to create
reasonable laws that provide realistic tools for
employers and their workers to combat a societal
problem of domestic violence. These positive
alternatives include:
- Permitting employers to obtain restraining orders
on behalf of workers who are victims of domestic
violence or stalking (AB 68X (Alpert), Statutes of
1994);
- Enacting a law providing unemployment insurance
benefits for workers who separate from work due to
domestic violence SB 165 (Solis), (Chapter 411,
Statutes of 1997); and
- Aided in enacting a new law providing additional
protection for workers who take time off from work
to deal with legal issues surrounding domestic
violence. (SB 56 (Solis) Chapter 340, Statutes of
1999.
"Creates yet another 'only in California' law. No
other state or federal law imposes such extended
liability on employment discrimination claims. The
Chamber believes that SB 1745 will hinder California's
ability to attract or retain businesses. If enacted,
employers face extensive new legal and financial
liability under yet another law businesses in other
states do not face."
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Berg, Bermudez, Calderon,
Canciamilla, Chan, Chavez, Chu, Cohn, Coto, De La Torre,
Dymally, Evans, Frommer, Goldberg, Hancock, Jerome
Horton, Jones, Karnette, Klehs, Koretz, Laird, Leno,
Levine, Lieber, Lieu, Liu, Matthews, Montanez, Mullin,
Nation, Nava, Negrete McLeod, Oropeza, Parra, Pavley,
Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico, Umberg,
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Vargas, Wolk, Yee, Nunez
NOES: Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,
Daucher, DeVore, Emmerson, Garcia, Haynes, Shirley
Horton, Houston, Huff, Keene, La Malfa, La Suer, Leslie,
Maze, McCarthy, Mountjoy, Nakanishi, Niello, Plescia,
Sharon Runner, Spitzer, Strickland, Tran, Villines,
Walters, Wyland
NO VOTE RECORDED: Richman, Vacancy
RJG:mel 8/29/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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