BILL ANALYSIS �
SB 400
Page 1
Date of Hearing: August 14, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 400 (Jackson) - As Amended: August 6, 2013
Policy Committee: Labor and
Employment Vote: 4-1
Judiciary 6-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits an employer from discriminating or
retaliating against an employee who is a victim of stalking, and
requires the employer to make reasonable accommodations in a
timely manner for an employee who is a victim of domestic
violence (DV), sexual assault, or stalking, if the victim
provides notice to the employer of the status or the employer
has actual knowledge of the status. Further prohibits an
employer from retaliating against a victim for requesting a
reasonable accommodation. Specifically, this bill:
1)Defines reasonable accommodations as including the
implementation of safety measures (e.g., transfer,
reassignment, modified schedule, changed work
telephone/station, installation of locks, assistance in
documenting the violence, assault, or stalking, etc.).
Specifies an employer is not required to provide a reasonable
accommodation to an employee who has not disclosed his or her
status as a victim of DV, sexual assault, or stalking.
2)Requires an employee requesting a reasonable accommodation to
provide the employer with a written statement signed by the
employee, upon the employer's request, certifying the
accommodation is because he or she is a victim of DV, sexual
assault, or stalking, as specified. Further authorizes an
employer to request certification demonstrating he or she is a
victim, as specified.
3)Requires a verbal or written statement, police/court record,
or other documentation provided to an employer identifying the
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employee as a victim of DV, sexual assault, or stalking to be
maintained as confidential by the employer and not be
disclosed, except as required by federal or state law, as
specified.
FISCAL EFFECT
GF administrative costs, likely between $180,000 and $200,000,
to the Division of Labor Standards and Enforcement (DLSE) within
the Department of Industrial Relations to enforce this measure.
These costs are associated with processing, reviewing, and
investigating new claims. This cost may increase if a
regulatory process is needed to implement this measure.
SUMMARY CONTINUED
4)Specifies an employee who is fired or threatened with being
fired, demoted, suspended , or discriminated against because
he or she is a DV, sexual assault, or stalking victim
(including requesting and receiving a reasonable
accommodation) be entitled to reinstatement and reimbursement
for lost wages/benefits, as specified.
5)Extends current law protections regarding taking time off from
work to deal with issues related to DV and sexual assault to
stalking issues.
COMMENTS
1)Background . Current law prohibits an employer from
discharging, discriminating, or retaliating against an
employee who is a victim of DV or sexual assault for taking
time off from work, as specified. If the employee has an
unscheduled absence due to DV or sexual assault issues,
statute also prohibits the employer from taking action against
the employee if he or she provides certification.
Certification includes a police report, a court order, or
documentation from a medical professional, health care
provider, counselor, DV or sexual assault advocate.
Statute also establishes an employee who is discharged,
threatened with discharge, demoted, suspended, or
discriminated against by his or her employer for taking time
off for DV or sexual assault purposes is entitled to
reinstatement and reimbursement for lost wages and work
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benefits.
Existing law also authorizes an employee to file a complaint
with DLSE if the employee is discharged, threatened with
discharge, demoted, or suspended for excersing his or her
rights related to DV or sexual assault specified above.
Current law prohibits an employer with 25 or more employees
from discharging, discriminating, or retaliating against an
employee who is a DV or sexual assault victim for taking time
off from work for specified purposes.
2)Purpose . The author cites a study completed by the Legal Aid
Society- Employment Law Center, sponsor of this bill, that
states nearly 40% of survivors in California reported either
being fired or fearing termination due to domestic violence.
According to the author, "Existing law does not expressly
prohibit employment discrimination based on a victim's status
as a survivor of [DV], sexual assault, or stalking. Nor does
it provide the right to reasonable accommodations (such as a
new office extension number), which are often necessary to
enable victims to maintain employment, and consequently,
economic independence at a time when it is of utmost
importance."
In April 2012, President Obama issued a memorandum to all
federal agencies and departments to establish policies to
address the effects of DV in the workplace. According to the
president, "The effects of [DV] spill over into the workplace.
The Centers for Disease Control and Prevention estimate that
[DV] costs our nation $8 billion a year in lost productivity
and health care costs alone, and other studies have suggested
that the full economic impact is even higher. Moreover, many
victims of [DV] report being harassed in the workplace or
experiencing other employment-related effects."
This bill prohibits an employer from discriminating or
retailing against an employee who is a victim of stalking and
requires the employer to make reasonable accommodations in a
timely manner for an employee who is a victim of DV, sexual
assault, or stalking.
3)Similar legislation . SB 288 (Lieu), pending on the Assembly
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Floor, prohibits an employer from firing, discriminating, or
retaliating against an employee who is a victim of specified
crimes for talking time off work to appear in court to be
heard in any proceeding, as specified.
4)Previous legislation . AB 1740 (V.M. Perez), similar to this
measure, was held on this committee's Suspense File in May
2012.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081