(1) The United States and California Constitutions guarantee all persons the right to equal protection of the laws. The California Constitution further recognizes the right of all persons to pursue and obtain safety, happiness, and privacy, guarantees an individual's reproductive freedom in their most intimate decisions, and prohibits disqualification of a person from entering or pursuing a business, profession, vocation, or employment because of, among other things, sex. This bill would require, under all state laws, that any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination be interpreted to prohibit sex discrimination. The bill would define "sex discrimination" to include, among other things, discrimination based on any of specified actual or perceived characteristics or actions, including based on degree of conformity to sex or gender stereotypes. This bill would provide that this interpretation reflects the existing protections of specified state constitutional laws, as described above. The bill would require these provisions to be liberally construed to effectuate the purposes of these constitutional protections. The bill would make related findings and declarations. (2) Existing law, the Unruh Civil Rights Act (act) , provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability status, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. That act defines "sex" to include, among other things, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. This bill would further define, for purposes of the act, "sex" to include any characteristics set forth under the above-described definition of "sex discrimination." (3) Existing law, the California Fair Employment and Housing Act (FEHA) , makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the Civil Rights Department. The FEHA defines various terms in connection with unlawful practices, including the term "sex." This bill would further define "sex" to include any characteristics set forth under the above-described definition of "sex discrimination." (4) This bill would incorporate additional changes to Section 51 of the Civil Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. (5) This bill would include certain provisions that become operative only if AB 1940 is enacted and takes effect on or before January 1, 2027, and amends Section 12926 of the Government Code. In that regard, the bill would expand the above-described definition of "sex discrimination" to include discrimination based on actual or perceived perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause.
(1) Existing law establishes the Department of Industrial Relations, which includes the Division of Occupational Safety and Health. Existing law requires the division to investigate the causes of any employment accident that is fatal to one or more employees or that results in a serious injury, illness, or exposure, except as specified. Existing law requires the chief of the division and all qualified inspectors and investigators authorized by the chief to have free access to any place of employment to investigate and inspect and sets forth various other duties related to investigation and inspection, as specified. This bill would make it a misdemeanor to willfully resist, prevent, impede, or interfere with the chief or their authorized representative in the performance of the above-described duties or to willfully violate an order of the court relating to those duties. By creating a new crime, this bill would impose a state-mandated local program. Existing law makes it a public offense for any employer or any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee who willfully violates any occupational safety or health standard, order, special order, if that violation caused death or permanent or prolonged impairment to the body of an employee, as specified. This bill would additionally make it a public offense if that violation caused serious injury, illness, or exposure. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (2) Existing law makes the Bureau of Investigations within the Division of Occupational Safety and Health responsible for directing accident investigations involving violations of laws, standards, and orders in which there is a serious injury to 5 or more employees, death, or request for prosecution by a division representative. Existing law requires the bureau to review inspection reports involving a serious violation if there have been serious injuries to one to 4 employees or a serious exposure, and authorizes the bureau to investigate cases for the purpose of prosecution, as specified. Existing law requires the bureau to refer the results of investigations it is required to conduct to the appropriate prosecuting authority having jurisdiction for appropriate action unless it determines that there is legally insufficient evidence of a violation of the law. This bill would revise and recast these requirements to, among other things, additionally require the bureau to investigate any accident in which there is a serious injury, illness, or exposure for which the division issues a citation for a willful violation. The bill would require the bureau to establish written policies and procedures for reviewing cases and deciding whether to investigate or refer them for prosecution. The bill would also require the division to establish a routine or automated process for transmitting information to the bureau about incidents with serious injuries, illnesses, or exposures so that the bureau can review them. Existing law authorizes the department, upon the request of a county district attorney, to develop a protocol for the referral of cases that may involve criminal conduct to the appropriate prosecuting authority in lieu of or in cooperation with an investigation by the bureau. This bill would require the division to immediately notify the appropriate prosecuting authority upon learning of an accident in which there is a serious injury, illness, or exposure to 5 or more employees, death, or request for prosecution by a division representative. The bill would delete the above-described provisions regarding developing a protocol and would instead authorize the bureau, upon request of an appropriate prosecuting authority, to refer cases that may involve criminal conduct to the appropriate prosecuting authority, as specified. The bill would require the bureau and the division, in cases accepted for investigation, to cooperate with the prosecuting authority. Existing law requires the bureau to submit an annual report to the division on its activities. This bill would additionally require the report to be submitted to the Legislature and to include information relating to certain cases involving a fatality that are referred by the bureau to the appropriate prosecuting authority, as specified. The bill would make the specifics of that information confidential. (3) Existing law requires all information reported to or otherwise obtained by the Chief of the Division of Occupational Safety and Health or representatives of the chief in connection with any inspection or proceeding of the division that contains or that might reveal a trade secret to be considered confidential, except that this information may be disclosed to other officers or employees of the division concerned with carrying out the purposes of the division or when relevant in any proceeding of the division, as specified. This bill would revise the above-described exception to also permit this information to be disclosed to law enforcement officers or prosecutors in any law enforcement investigation or prosecution. Existing law requires the responding agency, whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by the California Occupational Safety and Health Act of 1973 in which a serious injury or illness, or death occurs, to immediately notify the nearest division office. Existing law then requires the division to immediately notify the appropriate prosecuting authority of the accident. This bill would expand this requirement to include an accident in which a serious exposure occurs. The bill would also require the responding agency to immediately notify the district attorney's office in the county where the accident occurred. The bill would additionally require the division to immediately notify the bureau, and the district attorney's office or other appropriate prosecuting authority, of the accident, whether the division received notification by the responding agency, the employer, or by other means. The bill would make other related and conforming changes to those provisions. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (5) 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.
Existing law requires the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems (ADS) that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. Existing law establishes the Labor and Workforce Development Agency, which is composed of various departments responsible for protecting and promoting the rights and interests of workers in California, including the Division of Labor Standards Enforcement, led by the Labor Commissioner, within the Department of Industrial Relations. This bill, beginning on July 1, 2027, would prohibit an employer, as defined, from using an ADS to perform certain functions and would limit the purposes for and way in which an ADS may be used. The bill would, when an employer primarily uses an ADS to make a disciplinary or termination decision, authorize an employee to request, and require an employer to provide, a description of the employee's own data primarily used by an ADS to make a disciplinary or termination decision, as specified. The bill would require an employer that primarily relied upon an ADS to make a disciplinary or termination decision to provide the affected employee with a written postuse notice, as specified. This bill would prohibit an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against any employee for taking certain actions asserting their rights under the bill. The bill would authorize the Labor Commissioner to enforce the bill's provisions and also authorize a public prosecutor to bring a civil enforcement action, as specified. The bill would set forth specified types of relief that a plaintiff may seek and specified penalties that an employer that violates these provisions is subject to, including a $500 civil penalty per violation. This bill would also provide that an employer who complies with the requirements related to notice in this bill is not required to comply with any substantially similar provisions under any other state law, except as specified. The bill would not apply to parties covered by a valid collective bargaining agreement if the agreement contains specified information, including an explicit waiver of the bill's provisions. The bill would provide that it does not prohibit the use of an automated decision system relating to the development of aircraft for use in the national airspace or the development of products or services for national security, military, space, or defense purposes, if the use of an automated decision system is reasonably necessary to comply with the federal statute, the federal regulation, or the binding federal contract, as specified. The bill would include a statement that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill would declare that its provisions are severable.
The California Fair Employment and Housing Act makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer's knowledge. Under existing law, the Civil Rights Department administers these provisions. Existing law requires a specified employer with 5 or more employees to, by January 1, 2021, provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California and, after that date, once every 2 years. Existing law requires an employer to include prevention of abusive conduct as a component of that training and education. This bill would require, beginning on January 1, 2028, if a state agency provides any type of compensation, salary, or stipend to a state agency official of that agency, that all state agency officials of that agency receive training on responding to hate, as prescribed. The bill would define "state agency official" to mean a state elected official for that purpose. The bill would require at least one hour of training and education for a state agency official within the first 6 months of taking office or commencing employment, and every 2 years thereafter. The bill would authorize a state agency or an association of state agencies to offer one or more training courses, or sets of self-study materials with tests, to meet these requirements. The bill would authorize a state agency to develop its own training that meets the requirements or direct elected officials to complete a training developed by the department. The bill would require the department to develop or obtain an online training course on responding to hate and make the course available on its internet website. Existing law requires local agency officials, as defined, to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law requires the training and education to include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation. This bill would additionally require, beginning on January 1, 2028, the above-described training and education to include for any elected local agency official, as a component of the training and education, anti-hate speech training, as described. The bill would authorize an elected local agency official to take a training developed for state agency officials pursuant to the bill to satisfy the anti-hate speech training requirement. By imposing new requirements on local agencies, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law defines "disadvantaged communities" and requires the California Environmental Protection Agency to identify disadvantaged communities for investment opportunities from the Greenhouse Gas Reduction Fund and for other purposes. This bill would require the agency to do specified things regarding farmworker communities for purposes of identifying disadvantaged communities including, among other things, assessing whether designating farmworker communities as disadvantaged communities would increase those communities' access to investment opportunities and identifying potential barriers faced by low-income farmworker communities in accessing investment opportunities, as specified. The bill would require the agency to make its findings publicly available on its internet website and consider those findings when identifying disadvantaged communities. The bill would require the agency and the Office of Environmental Health Hazard Assessment to develop and implement a strategy for engaging with farmworker communities on environmental, health, and socioeconomic burdens, as provided.
Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law authorizes the division, which is headed by the Labor Commissioner, to enforce the Labor Code and all labor laws of the state the enforcement of which is not specifically vested in any other officer, board, or commission. This bill would limit the use of workplace surveillance tools, as defined, by employers, including by prohibiting an employer from monitoring or surveilling employees in a bathroom located in the workplace, except as specified. The bill would provide an employee with the right to leave behind workplace surveillance tools that are on their person or in their possession when entering a bathroom, except as specified. This bill would authorize the commissioner to enforce the bill's provisions, as prescribed, and would authorize a public prosecutor to bring specified enforcement actions. The bill would subject an employer who violates the bill to a civil penalty of up to $500 for each violation. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law requires a farm labor contractor to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to farm labor contractors. Existing law provides that a person who violates the above-described provision is subject to a civil penalty, including, for any initial citation, $100 for each farmworker employed by the unlicensed person, plus $100 for each calendar day that a violation occurs, for a total penalty not to exceed $10,000. This bill would instead provide that a person who violates employment laws applicable to farm labor contractors, unless otherwise specified, is subject to a civil penalty, including, for any initial citation, $100 for each farmworker employed by the unlicensed person or licensed farm labor contractor, plus $100 for each calendar day that a violation occurs, for a total penalty not to exceed $10,000. Existing law prohibits the Labor Commissioner from issuing or renewing a license to act as a farm labor contractor unless specified requirements are met. Existing law requires an applicant for the issuance or renewal of a farm labor contractor license to have deposited with the Labor Commissioner a surety bond to be payable for, among other things, interest on wages and for any damages arising from violation of orders of the Industrial Welfare Commission and for any other monetary relief awarded to an agricultural worker as a result of a violation of specified employment laws. Existing law requires the amount of the surety bond to be based on the size of the person's annual payroll for all employees, and requires, for payrolls up to $500,000, a $25,000 bond, for payrolls of $500,000 to $2,000,000, a $50,000 bond, and for payrolls greater than $2,000,000, a $75,000 bond. Existing law requires the Labor Commissioner to require documentation of the size of the person's annual payroll for purposes of these provisions, as provided. This bill would instead require, for payrolls up to $500,000, a $50,000 bond, for payrolls of $500,000 to $2,000,000, a $100,000 bond, and for payrolls greater than $2,000,000, a $150,000 bond. The bill would require the bond amounts to be deposited when a farm labor contractor first registers or files the application for their first annual renewal. The bill would require the Labor Commissioner to, among other things, include bond information on the public farm labor contractor license database, as described.
Existing law establishes, until July 1, 2027, the Displaced Oil and Gas Worker Pilot Program, to be administered by the Employment Development Department (department) , for the purpose of addressing employment dislocations associated with oil, gas, and related industries. That program requires the department, using funds to be appropriated by the Legislature for purposes of the program, to award grants on a competitive basis to qualified applicants, as specified, for specified eligible activities. This bill would extend the program indefinitely by removing the July 1, 2027, repeal date. The bill would require the department to implement and administer the program only to the extent that funding is appropriated by the Legislature, as specified.
Existing law prohibits an employer or any other person from engaging in, or directing another person to engage in, an unfair immigration-related practice against a person for the purpose of, or with the intent of, retaliating against any person for exercising a right protected under state labor and employment laws or under a local ordinance applicable to employees, as specified. Existing law authorizes a civil action for equitable relief and damages or penalties, as specified, by an employee or other person who is the subject of an unfair immigration-related practice. This bill would expand the above-described prohibition to include retaliating against any person for exercising any right under any local, state, or federal statute or regulation applicable to employees, as defined, and would prohibit preventing a person from exercising such a right. The bill would also prohibit an employer or any other person from engaging in any other conduct, related to any person's perceived immigration status, that would reasonably tend to dissuade a person from engaging in conduct that the person has a legal right to engage in under any local, state, or federal statute or regulation applicable to employees, or to induce a person to engage in conduct that the person has a legal right to abstain from under any local, state, or federal statute or regulation applicable to employees. The bill would make an employer or other person who violates these provisions liable for a civil penalty not exceeding $10,000 per employee or person for each violation, as specified. The bill would also make related and conforming changes to these provisions.
The California Fair Employment and Housing Act makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer's knowledge. Under existing law, the Civil Rights Department administers these provisions. Existing law requires a specified employer with 5 or more employees to, by January 1, 2021, provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California and, after that date, once every 2 years. Existing law requires an employer to include prevention of abusive conduct as a component of that training and education. This bill would additionally require that, beginning January 1, 2028, the above-described training and education include, as a component of the training and education, anti-hate speech training, as specified.
