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  











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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  

          ---------------------------


          <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













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          Analysis Prepared by:Taylor Jackson / L. & E. / (916) 319-2091