BILL ANALYSIS Ó
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 2337 Hearing Date: June 8,
2016
-----------------------------------------------------------------
|Author: |Burke |
|-----------+-----------------------------------------------------|
|Version: |April 20, 2016 |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant:|Brandon Seto |
| | |
-----------------------------------------------------------------
Subject: Employment protections: victims of domestic violence,
sexual assault, or stalking
KEY ISSUES
Should the Legislature require employers to provide their
employees with written notice of their right to take time off
from work for certain purposes if they are a victim of domestic
violence, sexual assault, or stalking?
Should the Legislature facilitate this notice requirement by
instructing the Labor Commissioner to create and make available
on the commissioner's website, a form that employers may use to
notify employees of their rights in these situations?
ANALYSIS
Existing law
Prohibits employers with 25 or more employees from
discharging, discriminating or retaliating against an
employee who is a victim of domestic violence, sexual
assault, or stalking, and has taken time off from work,
after providing reasonable advance notice where feasible,
AB 2337 (Burke) Page 2
of ?
for any of the following purposes:
1) To seek medical attention for injuries caused
by domestic violence, sexual assault, or stalking.
2) To obtain services from a domestic violence
shelter, program, or rape crisis center as a result of
domestic violence, sexual assault, or stalking.
3) To obtain psychological counseling related to
an experience of domestic violence, sexual assault, or
stalking.
4) To participate in safety planning and/or to
take other actions to increase their safety from
future domestic violence, sexual assault, or stalking.
(Labor Code §230.1)
Requires that employers maintain the confidentiality of
employees taking time off for the reasons above (Labor Code
§230.1).
Entitles employees who are discharged, threatened with
discharge, demoted, suspended, or in any other manner
discriminated or retaliated against for taking time off for
the purposes above, to reinstatement, reimbursement for
lost wages, work benefits, and appropriate equitable relief
(Labor Code §230.1).
States that employers who willfully refuse to rehire,
promote, or otherwise restore an employee or former
employee, in the circumstances specified, are guilty of a
misdemeanor (Labor Code §230.1).
Permits employees who face discrimination or have their
rights violated as stated in abovementioned provisions to
file a complaint, as specified, with the Division of Labor
Standards Enforcement, within one year of the occurrence of
the violation (Labor Code §230.1).
Allows employees to use, for the purposes specified
above, vacation, personal leave, or compensatory time,
unless otherwise provided by a collective bargaining
agreement. However, the entitlements mentioned above
AB 2337 (Burke) Page 3
of ?
cannot be infringed upon by any collective bargaining
agreement term or condition (Labor Code §230.1).
This Bill
Requires employers to make available or provide written
notice to all employees of their rights pertaining to
victims of domestic violence, sexual assault, or stalking,
as specified in §230.1 of the Labor Code.
Instructs the Labor Commissioner to create a form for
employers to use in order to notify employees of these
rights, and to make that form available on the
commissioner's website.
COMMENTS
1. Need for this bill?
The author states that in 2013, SB 400 (Jackson) was signed
into law in California, effectively guaranteeing protections
for victims of intimate partner violence (IPV) who disclosed
their status to their employers. These protections included
anti-retaliation and non-discrimination provisions that
protect employees who are victims of domestic violence, sexual
assault, or stalking and who take time off to help address
these circumstances. Despite SB 400's provisions, many
employees are still unaware that these protections even exist.
The author believes that AB 2337 is needed to ensure that
employers inform employees about the availability of these
rights. Addressing the information gap about SB 400's
protections could protect employees and their jobs, while
increasing their ability to receive care and support.
2. Proponent Arguments :
Proponents state that domestic violence, sexual assault, and
stalking victims often face severe economic barriers when
attempting to leave their perpetrators. This abuse can often
AB 2337 (Burke) Page 4
of ?
impede the ability of victims to maintain employment.
According to a study conducted by the Legal Aid
Society-Employment Law Center's Project SURVIVE, nearly 40% of
survivors reported that they were fired or feared termination
due to their status as victims of domestic violence. SB 400
(Jackson, 2013) protects survivors of domestic violence,
stalking, or sexual assault from discrimination and ensures
reasonable accommodation to maintain their employment.
Proponents state that AB 2337 (Burke) makes certain that
employees are aware of these provisions, by requiring all
employers to distribute information in writing to their
employees regarding rights and protections guaranteed to them
if they experience domestic violence, sexual assault or
stalking. Without requiring such notifications, survivors are
unlikely to know that these vital protections are available to
them. Informing employees of their rights can help survivors
maintain their employment and economic stability during a time
of crisis.
3. Opponent Arguments :
None received.
4. Double Referral:
This bill has been double-referred and, if approved by this
committee, it will be sent to the Senate Judiciary Committee
for a hearing.
5. Prior Legislation :
SB 400 (Jackson) Chapter 759, Statutes of 2013 - expanded the
protections given to victims of domestic violence, sexual
assault, and stalking who take time off to obtain relief,
support, or care. This bill also prohibited an employer from
discharging, retaliating or discriminating against an employee
because of their status as a victim of domestic violence,
sexual assault, or stalking, and required employers to provide
reasonable accommodations for such employees.
AB 1740 (V. Manuel Pérez) of 2012 - was substantially similar
AB 2337 (Burke) Page 5
of ?
to SB 400 and was held on the Assembly Appropriations
Committee suspense file.
SUPPORT
California Partnership to End Domestic Violence
Consumer Attorneys of California
Legal Aid Society - Employment Law Center
OPPOSITION
None on file.
-- END --