On October 11, 2013, California Gov. Jerry Brown signed a law that bars employment discrimination against victims of domestic violence, sexual assault, or stalking. The new law, effective January 1, 2014, amends California Labor Code Sections 230 and 230.1 and makes it unlawful for an employer to fire or otherwise discriminate against a worker based on the fact that he or she is a victim. It also requires employers to make reasonable efforts to protect these victims from their abuser or stalker such as changing their work telephone number, relocating their desk, or implementing a workplace safety plan.
California joins just six other states — Connecticut, Hawaii, Illinois, New York, Oregon, and Rhode Island — that have passed similar laws protecting victims in the workplace. In the 43 other states, victims who are fired due to their abuse may not have legal recourse. However, this soon may not be the case, as a federal law was introduced in March that would ensure that workers in every state are protected.
SMP provides counsel for businesses in fair hiring practices, independent contractor vs. employee determinations, wage and hour issues, safe work environment, and OSHA matters, and can represent clients in all California departments of employment and industrial relations. If you are an employer or employee who requires any type of assistance with an employment dispute, please contact us.
For more information, you can read ABC News’ article here: Law Protects Domestic Violence Victims’ Jobs.