BILL ANALYSIS Ó
SB 400
Page 1
SENATE THIRD READING
SB 400 (Jackson)
As Amended August 6, 2013
Majority vote
SENATE VOTE :21-12
LABOR & EMPLOYMENT 4-1 JUDICIARY 6-1
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|Ayes:|Roger Hernández, Chau, |Ayes:|Wieckowski, Chau, |
| |Gomez, Holden | |Dickinson, Garcia, |
| | | |Muratsuchi, Stone |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell |Nays:|Wagner |
| | | | |
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APPROPRIATIONS 12-4
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Hall, | | |
| |Holden, Pan, Quirk, Weber | | |
| | | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Bigelow, | | |
| |Donnelly, Wagner | | |
| | | | |
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SUMMARY : Enacts various employment protections for employees
who are victims of domestic violence, sexual assault, or
stalking. Specifically, this bill :
1)Extends specified existing protections for victims of domestic
violence and sexual assault to also include victims of
stalking.
2)Prohibits an employer from discharging, discriminating or
retaliating against an employee because of the employee's know
status as a victim of domestic violence, sexual assault, or
stalking, if the victim provides notice to the employer of the
SB 400
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status or if the employer has actual knowledge of the status.
3)Requires an employer to provide reasonable accommodations for
a victim of domestic violence, sexual assault, or stalking who
requests an accommodation while at work.
4)Specifies that reasonable accommodations may include the
implementation of safety measures, including a transfer,
reassignment, modified schedule, changed work telephone,
changed work station, installed lock, assistance in
documenting domestic violence, sexual assault or stalking, an
implemented safety procedure or another adjustment in job
structure, as specified.
5)Specifies that 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 domestic violence, sexual
assault, or stalking.
6)Provides that an employer shall engage in a timely, good
faith, and interactive process with the employee to determine
effective reasonable accommodations.
7)Specifies that these requirements do not require an employer
to undertake an action that constitutes an undue hardship on
the employer's business operations, as specified, including
when an action would violate an employer's duty to furnish and
maintain a place of employment that is safe and healthful.
8)Requires an employee requesting a reasonable accommodation,
upon request of the employer, to provide a written statement
by the employee or an individual acting on the employee's
behalf, certifying that the accommodation is for an authorized
purpose.
9)Authorizes an employer to also request certification
demonstrating the employee's status as a victim of domestic
violence, sexual assault, or stalking, as specified, and
authorizes the employer to request recertification every six
months.
10)Specifies that if circumstances change and an employee needs
a new accommodation, the employee shall request a new
accommodation from the employer.
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11)Specifies that if an employee no longer needs an
accommodation, the employee shall notify the employer that the
accommodation is no longer needed.
12)Provides that an employer shall not retaliate against a
victim of domestic violence, sexual assault, or stalking for
requesting a reasonable accommodation, regardless of whether
the request was granted.
13)Provides that an employee who is discharged or in any other
manner discriminated or retaliated against is entitled to
reinstatement and reimbursement for lost wages and work
benefits caused by the acts of the employer, as well as
appropriate equitable relief.
14)Provides that an employer who willfully refuses to rehire,
promote or otherwise restore an employee or former employee
who has been determined to be eligible for rehiring or
promotion is guilty of a misdemeanor.
15)Makes other related and conforming changes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in General Fund 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.
COMMENTS : Existing law generally affords employees who are
victims of domestic violence or sexual assault the right to take
time off from work for specified activities, including obtaining
a restraining order or seeking medical attention or
psychological counseling. This bill seeks to make a number of
changes to existing law, as well as to add additional specified
protections. First, this bill would amend existing law related
to leave and related provisions to also include victims of
stalking. Second, this bill would prohibit an employer from
discharging, discriminating or retaliating against an employee
because of the employee's "know status" as a victim of domestic
violence, sexual assault, or stalking. Third, this bill would
require an employer to provide reasonable accommodations for a
victim of domestic violence, sexual assault, or stalking who
requests an accommodation while at work, as specified.
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As introduced, this bill also provided that an employee who is
discharged, threatened with discharge, demoted, suspended, or
denied a reasonable accommodation may bring a civil action in
superior court and if the employee prevails, may be awarded
attorney's fees and costs. This provision has been amended out
of the bill. However, the deletion of an express private right
of action is not intended to diminish other administrative and
judicial enforcement mechanisms and remedies available to
aggrieved persons.
Supporters argue that although existing law recognizes a
victim's need to take time off work, it is simply not enough for
victims of domestic violence, sexual assault and stalking.
According to one of this bill's sponsors, the Legal Aid Society
- Employment Law Center, domestic violence, sexual assault, and
stalking have a harmful effect on the ability of victims to
maintain employment. The co-sponsor points to various
statistics that illustrate the alarming rates of job loss and
other problems at work due to the abuse - one study in
particular found that nearly 50% of survivors of sexual assault
lost their jobs or were forced to quit following the assault.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0002089