BILL ANALYSIS Ó
AB 1740
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Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1740 (V. Manual Perez) - As Amended: April 25, 2012
Policy Committee: Labor and
Employment Vote: 5-1
Judiciary 7-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill 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 is a victim of domestic
violence (DV), sexual assault, or stalking. Specifically, this
bill:
1)Defines reasonable accommodations to include the
implementation of safety measures, including transfer,
reassignment, modified schedule, changed work information ,
installation of locks, implementing safety procedures,
assistance in documenting DV, sexual assault, or stalking that
occurs in the workplace, or another adjustment to a job
structure.
2)Further specifies the provisions of this bill do not require
the employer to undertake an action that constitutes undue
hardship, as currently defined in statute.
3)Entitles an employee to reinstatement and reimbursement for
lost wages and work benefits if an employee is discharged,
threatened with discharge, demoted, suspended, or in any other
manner discriminated against or retaliated against by his or
her employer due a request for reasonable accommodations, as
specified.
4)Establishes 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 by a grievance procedure or hearing authorized by
the provisions of this bill is guilty of a misdemeanor
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punishable by up yo six months in county jail and/or a fine of
up to $1,000.
5)Extends current law protections regarding taking time off from
work to deal with issues related to DV and sexual assault to
stalking issues.
FISCAL EFFECT
GF administrative costs, likely in excess of $250,000, to DIR to
enforce this measure. This would include processing, reviewing,
and investigating complaints. Likewise, it is possible DIR may
need to conduct a regulatory process to implement this measure.
COMMENTS
1)Background . Current law prohibits an employer from
discharging, discriminating, or retaliating against an
employee who is a victim of DV or sexual assault for taking
time off from work, as specified. If the employee has an
unscheduled absence due to DV or sexual assault issues,
statute also prohibits the employer from taking action against
the employee if he or she provides certification.
Certification includes a police report, a court order, or
documentation from a medical professional, health care
provider, counselor, DV or sexual assault advocate.
Statute also establishes an employee who is discharged,
threatened with discharge, demoted, suspended, or
discriminated against by his or her employer for taking time
off for DV or sexual assault purposes is entitled to
reinstatement and reimbursement for lost wages and work
benefits.
Existing law also authorizes an employee to file a complaint
with DLSE if the employee is discharged, threatened with
discharge, demoted, or suspended for excersing his or her
rights related to DV or sexual assault specified above.
Current law prohibits an employer with 25 or more employees
from discharging, discriminating, or retaliating against an
employee who is a DV or sexual assault victim for taking time
off from work for specified purposes.
2)Purpose . According to the author, In a 2006 study by the U.S.
Bureau of Labor Statistics, 25% of large private companies
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reported at least one incident of domestic violence in the
prior year. Studies show alarming rates of job loss and other
problems at work due to abuse. For example, a 2005 study in
Maine found that 60% of domestic violence victims lost their
jobs due to circumstances related to the abuse they suffered.
The author states: "Existing law does not expressly prohibit
employment discrimination based on a victim's status as a
survivor of domestic violence, sexual assault, or stalking.
Nor does it provide the right to reasonable accommodations
(such as a new office extension number), which are often
necessary to enable victims to maintain employment, and
consequently, economic independence at a time when it is of
utmost importance."
This bill prohibits an employer from discriminating or
retailing 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 is a victim of DV, sexual
assault, or stalking.
3)Opposition . Opponents to this bill, including the CalChamber,
the California Retailers Association, the California Grocers
Association, and the California Manufactures and Technology
Association, argue: "Unlike other existing protected
classifications under the Fair Employment Housing Act (FEHA)
that are more objective, determining who is a victim of
domestic abuse, sexual assault, or stalking is a daunting task
for employers. For example, at what point does marital
fighting turn into domestic abuse? How many phone calls per
day from a significant other qualifies as stalking? "
Opponents further state: "Unlike an employer's duty to
accommodate an employee's physical disability, the extent
which is generally documented by a medical provider, there is
no clear guidance upon which an employer can rely in order to
determine what qualifies as 'reasonable accommodation' for
purposes of DV, sexual assault, and stalking. Additionally,
it is unclear how long an employer must accommodate a victim."
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081
AB 1740
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