BILL ANALYSIS Ó
AB 2337
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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
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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
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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
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<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.
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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
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Analysis Prepared by:Taylor Jackson / L. & E. / (916) 319-2091