Employment Law Alert: California Publishes New Mandatory Notice of Rights for Victims of Domestic Violence, Sexual Assault & Stalking

As discussed during our June Mid-Year 2017 Employment Law Update series, California Assembly Bill 2337 requires that effective July 1, 2017, employers with 25 or more employees inform employees in writing of protections under Labor Code Sections 230 and 230.1. Employers must provide the notice to new employees upon hire and to other employees upon request. Recently, the California Labor Commissioner published a sample notice that employers can use to comply with this notification requirement. We recommend that companies work with employment law counsel to appropriately tailor and refine the sample notice.

Among other things, Labor Code Section 230 prohibits an employer from discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or his or her child. This Section also requires that employers provide reasonable accommodations for victims of domestic violence, sexual assault, or stalking in order to ensure the safety of the victim.

Labor Code Section 230.1 prohibits an employer with 25 or more employees from discriminating or retaliating against an employee for seeking medical attention for injuries caused by domestic violence, sexual assault, or stalking; obtaining services from a domestic violence shelter or rape crisis center; obtaining psychological counseling; or participating in safety planning related to domestic violence, sexual assault, or stalking.

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