CaliforniaEmployment: unlawful discrimination: victims of violence.
What it does
Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency, under the direction of the Director of Civil Rights, to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prescribes various functions, duties, and powers of the department, including, among others, to bring prescribed civil actions for violations of specified federal civil rights and antidiscrimination laws.
More detail
Prior law, until January 1, 2025, authorized an employee who was discriminated or retaliated against for exercising certain rights to file a complaint with the Division of Labor Standards Enforcement in accordance with specified Labor Code provisions. These employee rights include, among other things, the right to take time off work to serve on a trial or to obtain specified crime-related relief.
Existing law, as of January 1, 2025, transferred the authority to enforce these discrimination provisions from the Division of Labor Standards Enforcement to the Civil Rights Department. Existing law also repealed the above-described Labor Code provisions, and added new enforcement provisions to the California Fair Employment and Housing Act within the Government Code. Among other changes, these provisions refer to a "qualifying act of violence," as defined, instead of crime, or crime or abuse, for purposes of obtaining relief. Existing law further prohibits an employer with 25 or more employees 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 work for any of a number of additional prescribed purposes relating to a qualifying act of violence, as defined. Existing law requires an employee, as a condition of taking time off, to provide the employer with reasonable advance notice, unless not feasible, in accordance with certain procedural requirements.
This bill would reinstate the above-described former Labor Code provisions, to apply only to alleged actions or inactions occurring on or before December 31, 2024.
This bill would also transfer enforcement authority for two additional discrimination provisions relating to attending judicial proceedings from the Division of Labor Standards Enforcement to the Civil Rights Department.
The bill would make other conforming changes.
This bill would declare that it is to take effect immediately as an urgency statute.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 1Chaptered by Secretary of State - Chapter 148, Statutes of 2025.Latest
- Oct 1Approved by the Governor Gavin Newsom.Became Law
- Sep 23Enrolled and presented to the Governor at 4 p.m.To Governor
- Sep 11Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 0. Page 3286.).Major
- Vote recorded AB 406 Schiavo Concurrence - Urgency Added. Result: pass.Lower
- Sep 10From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 0.) (September 10).Minor
- Vote recorded With recommendation: That Senate amendments be concurred in. Result: pass.Lower
- Sep 9Joint Rule 62(a), file notice suspended. (Page 3061.)
- Sep 4Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.Minor
- Sep 3In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB406 Schiavo By Smallwood-Cuevas Urgency Clause. Result: pass.Upper
- Sep 3Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 30. Noes 2. Page 2460.).Passed Senate
- Aug 20Read second time. Ordered to third reading.Minor
- Aug 19From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- Jul 16From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 15). Re-referred to Com. on APPR.Minor
- Jul 15
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jul 9From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (July 9). Re-referred to Com. on JUD.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Judiciary]. Result: pass.Upper
- Jun 27From 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.Major
- Jun 25Re-referred to Coms. on L., P.E. & R. and JUD.Minor
- Jun 24Re-referred to Com. on RLS.Minor
- Jun 24Withdrawn from committee.Major
- Jun 23From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U & C.Major
- May 14Referred to Com. on E., U & C.Minor
- May 1In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 406 Bennett Consent Calendar Second Day. Result: pass.Lower
- May 1Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1386.)Passed Assembly
- Apr 24Read second time. Ordered to Consent Calendar.Minor
- Apr 23From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 23).Minor
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Mar 27From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 18. Noes 0.) (March 26). Re-referred to Com. on APPR.Minor
- Mar 26
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Mar 5Re-referred to Com. on U. & E.Minor
- Mar 4From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & E. Read second time and amended.Major
- Feb 24Referred to Com. on U. & E.Minor
- Feb 5From printer. May be heard in committee March 7.
- Feb 4Read first time. To print.Introduced