Employee leave policies and regulations can be complex, and both employers and employees must have...
California's Fair Employment and Housing Act (FEHA) has long been at the forefront of safeguarding the rights of employees. It ensures that individuals can pursue, secure, and maintain employment opportunities without facing discrimination or harassment based on a wide range of factors, including race, religion, disability, and more. The Civil Rights Department is tasked with investigating and prosecuting complaints related to unlawful employment practices.
Discrimination in Employment: Use of Cannabis
As of January 1, 2024, Assembly Bill (AB) 2188 introduces a significant addition to FEHA. It now prohibits employers from discriminating against individuals in hiring, termination, or any terms and conditions of employment based on their off-the-job and away-from-workplace use of cannabis. This groundbreaking change comes with an exception for pre-employment drug screening and tests that detect nonpsychoactive cannabis metabolites in bodily fluids.
It's worth noting that AB 2188 provides exemptions for certain applicants and employees, such as those in the building and construction trades or positions requiring federal background checks. This new law doesn't override state or federal requirements for drug testing in specific situations.
Privileged Communications: Protection Against Defamation (AB 933)
In the realm of communication and defamation, Assembly Bill (AB) 933 extends protection to individuals who make communications without malice regarding incidents of sexual assault, harassment, or discrimination. This protection encompasses attorney's fees and damages for prevailing defendants in defamation actions resulting from these communications. AB 933 underscores the importance of honest and truthful reporting of such incidents.
Protected Employee Conduct (SB 497)
Protected employee conduct remains a cornerstone of workplace rights. Existing laws prohibit employers from discharging, retaliating against, or taking adverse actions against employees or applicants who engage in protected conduct. Employees subjected to discrimination due to their protected conduct are entitled to reinstatement and compensation for lost wages and benefits.
Additionally, employers are prohibited from preventing employees from disclosing information to certain entities or testifying before public bodies conducting investigations or hearings when a violation of the law is suspected. Retaliation against employees for various reasons is strictly forbidden, with severe penalties in place.
Senate Bill (SB) 497 further strengthens these provisions by establishing a rebuttable presumption in favor of employee claims if prohibited retaliatory actions occur within 90 days of the protected activity. This legislation also introduces the potential for significant civil penalties of up to $10,000 per employee for each violation, with the penalty awarded to employees who suffered retaliation. The Department of Industrial Relations (DIR) will consider the nature and severity of the violation when assessing these penalties based on the evidence gathered during investigations.
In Conclusion
As we step into 2024, both employers and employees in California must stay well-informed about the latest changes in discrimination and retaliation laws. These legislative updates aim to protect the rights and well-being of individuals in the workplace and understanding them is essential for fostering a fair and equitable work environment.
Do you need some assistance in understanding these newly revised laws? Give a TPG Payroll & HR Expert a call at 909.466.7876 today!
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