AB 171 — Employment: sexual harassment.

Summary

Existing law prohibits an employer 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 work to obtain specified relief or because of the employee's status as 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. Existing law authorizes an employee to file a complaint with the Division of Labor Standards Enforcement for a violation of these prohibitions within one year from the date of occurrence of the violation. Existing law makes it a misdemeanor for an employer to refuse to rehire, promote, or restore an employee who has been determined to be so eligible by a grievance procedure or legal hearing. This bill would expand the scope of these provisions by defining "employer" for purposes of these provisions to mean any person employing another under any appointment or contract of hire and to include the state, political subdivisions of the state, and municipalities. The bill would also prohibit an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee's status as a victim of sexual harassment. The bill would provide that "sexual harassment" has the same meaning as in a specified provision of the California Fair Employment and Housing Act. The bill, commencing July 1, 2020, would establish a rebuttable presumption of unlawful retaliation based on the employee's status as a victim of domestic violence, sexual assault, sexual harassment, or stalking if an employer takes specific actions within 90 days following either the date when the victim provides notice to the employer or when the employer has actual knowledge of the status. The bill would allow the presumption to be rebutted by evidence that the employer has a nonretaliatory business reason for the adverse action taken. By expanding the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Enrolled 09/18/19 - Enrolled Current pdf September 18, 2019
• Amended 07/03/19 - Amended Senate pdf July 03, 2019
• Amended 05/16/19 - Amended Assembly pdf May 16, 2019
• Amended 03/21/19 - Amended Assembly pdf March 21, 2019
• Introduced 01/08/19 - Introduced pdf January 08, 2019
• AB171 View text html

Action History

1. January 21, 2020

   Consideration of Governor's veto stricken from file.

2. October 12, 2019

   Vetoed by Governor.

3. September 24, 2019

   Enrolled and presented to the Governor at 3:30 p.m.

4. September 14, 2019

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 12. Page 3583.).

5. September 13, 2019

   In Assembly. Concurrence in Senate amendments pending.

6. September 13, 2019

   Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10. Page 2935.).

7. August 30, 2019

   Read second time. Ordered to third reading.

8. August 30, 2019

   From committee: Do pass. (Ayes 5. Noes 2.) (August 30).

9. August 12, 2019

   In committee: Referred to APPR. suspense file.

10. July 10, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 10). Re-referred to Com. on APPR.

11. July 03, 2019

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.

12. July 03, 2019

    From committee: Do pass and re-refer to Com. on L., P.E. & R. (Ayes 7. Noes 2.) (July 2). Re-referred to Com. on L., P.E. & R.

13. June 26, 2019

    Referred to Coms. on JUD. and L., P.E. & R.

14. May 24, 2019

    In Senate. Read first time. To Com. on RLS. for assignment.

15. May 23, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 5. Page 1919.)

16. May 20, 2019

    Read second time. Ordered to third reading.

17. May 16, 2019

    Read second time and amended. Ordered returned to second reading.

18. May 16, 2019

    From committee: Amend, and do pass as amended. (Ayes 14. Noes 0.) (May 16).

19. April 10, 2019

    In committee: Set, first hearing. Referred to APPR. suspense file.

20. March 26, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (March 26). Re-referred to Com. on APPR.

21. March 25, 2019

    Re-referred to Com. on JUD.

22. March 21, 2019

    From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

23. March 12, 2019

    In committee: Set, first hearing. Hearing canceled at the request of author.

24. March 07, 2019

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (March 6). Re-referred to Com. on JUD.

25. January 24, 2019

    Referred to Coms. on L. & E. and JUD.

26. January 09, 2019

    From printer. May be heard in committee February 8.

27. January 08, 2019

    Read first time. To print.

Sponsors

• Mia Bonta · Cosponsor
• Jeff Gonzalez · Primary

Votes

Subjects