BILL ANALYSIS Ó AB 2337 Page A Date of Hearing: April 6, 2016 ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT Roger Hernández, Chair AB 2337 (Burke) - As Amended March 18, 2016 SUBJECT: Employment protections: victims of domestic violence, sexual assault, or stalking SUMMARY: Expands employer notice requirements regarding domestic violence employee protections. Specifically, this bill: Provides that an employer shall inform each employee of his or her rights established under current law protecting employees affected by domestic violence, by providing that information in writing to new employees upon hire and to other employees upon request. EXISTING LAW: 1)Prohibits an employer with 25 or more employees 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 from work for specified reasons related to addressing the domestic violence, sexual assault, or stalking. 2)Prohibits an employer from discharging, discriminating or retaliating against an employee because of the employee's know AB 2337 Page B status as a victim of domestic violence, sexual assault, or stalking. 3)Requires that to the extent allowed by law, employers shall maintain the confidentiality of any employee requesting leave as specified. 4)Provides that an employee does not have a right to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993. 5)Provides that any employee who is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for those purposes 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, and is allowed to file a complaint with the Division of Labor Standards Enforcement (DLSE). FISCAL EFFECT: Unknown COMMENTS: The author argues that despite the provisions and protections of current law, many employees are still uninformed about their worker rights when it comes to domestic violence. This bill is needed to ensure that employers are doing their part in spreading information about what rights exist for employees. In California the Legal Aid Society Employment Law Center, found that nearly 40% of survivors in the state reported being fired or fearing termination due to intimate partner violence (IPV). Addressing the information gap about current protections could go a long way towards keeping victims AB 2337 Page C employed, significantly increasing their chances of being able to leave dangerous relationships. A Centers for Disease Control and Prevention (CDC) report states that, "The costs of intimate partner rape, physical assault, and stalking exceed $5.8 billion each year, nearly $4.1 billion of which is for direct medical and mental health care services. The total costs of intimate partner violence (IPV) also include nearly $0.9 billion in lost productivity from paid work for victims of nonfatal IPV and $0.9 billion in lifetime earnings lost by victims of IPV homicide? according to estimates, U.S. women lose nearly 8.0 million days of paid work each year because of violence perpetrated against them by current or former husbands, cohabitants, dates, and boyfriends. This is the equivalent of 32,114 full-time jobs each year." <1> The author may wish to consider language that provides clarity on the manner and form the notice requirement from the employer will take. Parity throughout businesses in California regarding how and what information is given to employees will be an important part of implementation of this bill. This bill is double referred to Assembly Judiciary Committee upon passage out of this Committee. Previous Related Legislation SB 400 (Jackson) Chapter 759, Statutes of 2013 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 --------------------------- <1> National Center for Injury Prevention and Control. Costs of Intimate Partner Violence Against Women in the United States. Atlanta (GA): Centers for Disease Control and Prevention; 2003. AB 2337 Page D is 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. Further prohibits an employer from retaliating against a victim for requesting a reasonable accommodation. AB 1740 (V. Manuel Pérez) from 2012 was substantially similar to SB 400 and would have prohibited employers from discriminating against employees who are victims of domestic violence, sexual assault, or stalking and would have allowed employees to request reasonable accommodations to ensure their safety in the workplace. AB 1740 was held on the Assembly Appropriations Committee suspense file. SB 1745 (Kuehl) from 2006 was substantially similar to SB 400. SB 1745 was vetoed by the Governor. REGISTERED SUPPORT / OPPOSITION: Support Consumer Attorneys of California Opposition None on file AB 2337 Page E Analysis Prepared by:Taylor Jackson / L. & E. / (916) 319-2091