During the 2017 Legislative session, several important new laws were passed to provide additional rights and protections to California employees and help eliminate employment discrimination in the 2018 calendar year. In prior articles, we discussed the Ban the Box law that prohibits an employer from asking about a potential candidate’s criminal history in connection with a job application. Although an employer may ultimately decide not to hire the individual because of their criminal history, an employer must notify the applicant of the disqualifying conviction and thereafter provide the prospective employee with an opportunity to provide contrary or explanatory evidence about the offense before the employer’s decision is final. Additionally, we previously discussed the fact that an employer may no longer utilize an applicant’s salary history as a basis for deciding not to hire a candidate or in determining their salary. For more information about the above changes to California law, please review the prior articles on each topic.
Furthermore, employers in 2018 have expanded training obligations with respect to the prevention of sexual harassment in the workplace. SB 396 requires that employers with 50 or more employees educate and train their supervisors regarding how to prevent harassment and employment discrimination based on sexual orientation, gender identity and gender expression. Furthermore, employers must display a poster in a prominent and accessible position in the workplace that sets forth transgender rights.
The New Parental Leave Act has similarly been expanded to extend to all businesses with 20 or more employees as opposed to the California Family Rights Act that only applied to employers with 50 or more employees. SB 63 requires that employers provide employees with up to 12 workweeks of unpaid leave to bond with a child. Furthermore, the employee’s group health insurance coverage must continue during the leave period. Lastly, the Immigrant Worker Protection Act, AB 450, prevents employers from allowing federal immigration agents from entering the workplace without a warrant and entitles an employee to receive notice of any request to review their employer’s I-9 forms.
If you have any questions about the new laws or believe that your employer violated your rights, learn more about how the Perrin Law Group can help with your employment discrimination case, or contact the Perrin Law Group for your free consultation today.
