CA AB 2499

Title: Unlawful employment practices: discrimination for time off.
Author: Pilar Schiavo

Summary
AB 2499, as amended, Schiavo. Unlawful employment practices: discrimination for time off. Existing law, subject to specified requirements for the employee, prohibits an employer from discharging or in any manner discriminating against an employee for taking time off to serve on a jury, an employee who is a victim of a crime for taking time off to appear in court as a witness in any judicial proceeding, an employee who is a victim for taking time off from work to obtain or attempt to obtain prescribed relief, or an employee because of the employee’s status as a victim of crime or abuse. Existing law requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employer’s willful refusal to 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 law guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. Existing law defines terms for these purposes.Existing law, subject to specified requirements for the employee, also prohibits an employer with 25 or more employees from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employer’s willful refusal to 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 law guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the division. Existing law defines terms for these purposes.Existing law requires an employer to inform each employee of the victim rights above in writing, to be provided upon hire and to other employees upon request. Existing law requires the Labor Commissioner to develop and post a form that an employer may use to comply, as prescribed.This bill would revise and recast the jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and, thus, within the enforcement authority of the Civil Rights Department. The bill would remove the threshold of 25 or more employees from the provisions for victims of crime or abuse and, except as specified, apply its provisions to a person who directly employs one or more persons to perform services for a wage or salary. The bill would refer to a “qualifying act of violence,” as defined, instead of crime, or crime or abuse. The bill would substantially revise existing definitions for its purposes, including defining “victim” as an individual against whom a qualifying act of violence is committed. The bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off from work to obtain or attempt to obtain any relief. The bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who

Status
Re-referred to Com. on JUD.

Bill Documents
CA AB 2499 - 04/09/24 - Amended Assembly
04/09/24 - CA AB 2499 (04/09/24 - Amended Assembly)