2020 Legislative Summary Employment Law, Part V
January 16, 2020 by Christopher Hammer, Lorrie Bradley, Stephanie Platenkamp, Tony Rice, Sarah Kanbar, Travis West and Kena Cador
This post is the fifth part of our six-part series summarizing significant legislative changes in labor and employment law for 2020. Today we are addressing developments in anti-discrimination/harassment law. Our final post will address public sector developments.ANTI-DISCRIMINATION/HARASSMENT LAW
AB 9 – Employment Discrimination: Statute of limitations
This bill extends the statute of limitations for filing an employment discrimination complaint with the Department of Fair Employment and Housing (DFEH) for violations of the Fair Employment and Housing Act (FEHA) from one to three years. It also clarifies that the date the complaint is filed with DFEH is the date that an intake form is filed with the DFEH.
Read the text of the bill here:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB9
SB 188 – Race Discrimination: Hairstyles protected trait
Public and private employers are prohibited from discriminating against persons based on race, among other protected categories. This bill will expand the definition of race for these purposes to also include traits that are historically associated with race, including hair texture and protective hair styles, like braids, locks, and twists.
Read the text of the bill here:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB188
AB 547 – Janitorial Workers: Sexual violence and harassment prevention training
Similar to requirements for California employers generally, this bill requires Labor Agencies to develop sexual assault and harassment prevention training for the janitorial industry, and provides civil penalties for agencies that fail to comply with the training requirement.
Read the text of the bill here:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB547
SB 778 – Sexual Harassment: Delay of training requirement
In 2017, the Legislature passed a law requiring all employers with at least 5 employees provide one hour of sexual harassment training for nonsupervisory employees every two years. This bill delays the deadline for the initial training of existing employees to January 1, 2021, one year later than the original law. The law also shifts the deadline to train new nonsupervisory employees to within six months of hire. The bill also clarifies that employers who have provided training and education in 2019 have satisfied the requirement, and will be required to provide it again two years later.
Read the text of the bill here:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB778
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