Bill Text: CA AB1867 | 2017-2018 | Regular Session | Amended

California Assembly Bill 1867 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Employment discrimination: sexual harassment: records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2018-09-30 - Vetoed by Governor. [AB1867 Detail]

Download: California-2017-AB1867-Amended.html

Amended IN Senate June 21, 2018

Amended IN Senate June 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1867

Introduced by Assembly Member Reyes

January 12, 2018

An act to add Section 12950.5 to the Government Code, relating to sexual harassment.

LEGISLATIVE COUNSEL'S DIGEST

AB 1867, as amended, Reyes. Employment discrimination: sexual harassment: records.

Existing law, the California Fair Employment and Housing Act, prohibits an employer from taking steps that constitute harassment against an employee, including sexual harassment, as defined. The act also prohibits an employer from failing to take corrective action to remedy harassment in the workplace if the employer knows or should have known of the harassment. The act also prohibits an employer from failing to take all reasonable steps necessary to prevent discrimination and harassment from occurring.

The act requires the Department of Fair Employment and Housing to provide employers with a poster and an information sheet regarding sexual harassment, including, among other components, the internal complaint process of the employer available to the employee and the legal remedies and complaint process available through the department, and requires employers to post the poster in an accessible area of the workplace and either provide each employee with a copy of the information sheet or provide a specified minimum curriculum of sexual harassment education. The act requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified. The act prohibits failure to maintain and preserve records relating to a verified complaint under the department complaint process until the complaint proceedings, including appeals, are terminated.

This bill would require an employer with 50 or more employees to maintain internal complaint records of employee complaints of alleging sexual harassment for a minimum of 5 years after the ~~date of termination~~ last day of employment of the ~~accused.~~ complainant or any alleged harasser named in the complaint, whichever is later. The bill would authorize the department to seek an order requiring an employer that violates this recordkeeping requirement to comply.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 12950.5 is added to the Government Code, to read:

12950.5.

(a) As used in this section, “employee complaint” means a complaint filed through the internal complaint process of the employer.

(b) An employer with 50 or more employees shall maintain records of employee complaints of alleging sexual harassment. Those records shall be retained for a period of not less than five years after the ~~date of termination~~ last day of employment of the ~~accused.~~ complainant or any alleged harasser named in the complaint, whichever is later.