230.
(a) An employer shall not discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that the employee is required to serve.(b) An employer shall not discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim of a crime, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
(c) (1) An employer shall
not discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence, sexual assault, sexual harassment, 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 their child.
(2) An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a family member of a victim described in paragraph (1) and who is not alleged to have committed the domestic violence, sexual assault, sexual harassment, or stalking against the victim for taking time off from work to provide assistance
and support to the victim seeking relief.
(d)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (g),
employers shall maintain the confidentiality of any employee requesting leave under subdivision (b) or (c).
(e)(1)As a condition of taking time off for a purpose set forth in subdivision (c), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.
(d) (1) If the employee’s need for leave pursuant to subdivision (c) is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for leave, unless advance notice is not feasible. An employer may
require that the employee’s request for leave be supported by a certification. If it is not feasible for the employee to provide certification prior to the leave, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the following:
(A) A police report indicating that the employee or the employee’s family member was a victim of domestic violence, sexual assault, sexual harassment, or stalking.
(B) A court order protecting or separating the employee or the employee’s family member from the perpetrator of an act of domestic violence, sexual assault, sexual harassment, or stalking, or other evidence from the court or
prosecuting attorney that the employee or the employee’s family member has appeared in court.
(C) Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed health care provider, or counselor, that the employee or the employee’s family member was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence, sexual assault, sexual harassment, or stalking.
(2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any
of the following:
categories described in paragraph (1).
(A)A police report
indicating that the employee or the employee’s family member was a victim of domestic violence, sexual assault, sexual harassment, or stalking.
(B)A court order protecting or separating the employee or the employee’s family member from the perpetrator of an act of domestic violence, sexual assault, sexual harassment, or stalking, or other evidence from the court or prosecuting attorney that the employee or the employee’s family member has appeared in court.
(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed health care provider, or counselor that the employee or the employee’s family member was undergoing
treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence, sexual assault, sexual harassment, or stalking.
(3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (g), (f), the employer shall maintain the confidentiality of any employee requesting leave under subdivision (c). (b) or (c), including, but not limited to, maintaining the confidentiality of any verbal or written statement, police or court record, or
other documentation provided to an employer identifying an employee or an employee’s family member as a victim of domestic violence, sexual assault, sexual harassment, or stalking.
(f)
(e) An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employee’s status as a victim of domestic violence, sexual assault, sexual harassment, or stalking, or the employee’s status as the family member of a victim described in paragraph (1) of subdivision (c), if the victim or the family member provides notice to the employer of the status or the
employer has actual knowledge of the status.
(g)
(f) (1) An employer shall provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking who requests an accommodation for the safety of the victim while at work.
(2) For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic
violence, sexual assault, or stalking that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, or stalking, or referral to a victim assistance organization.
(3) An employer is not required to provide a reasonable accommodation to an employee who has not disclosed
their status as a victim of domestic violence, sexual assault, or stalking.
(4) The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5) In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee.
(6) This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employer’s business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employer’s duty to furnish and
maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7) (A) Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employee’s behalf, certifying that the accommodation is for a purpose authorized under this subdivision.
(B) The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employee’s status as a victim of domestic violence, sexual assault, or stalking. Certification shall be sufficient in the form of any of the categories described in paragraph (2)
(1) of subdivision (e). (d).
(C) An employer who requests certification pursuant to subparagraph (B) may request recertification of an employee’s status as a victim of domestic violence, sexual assault, or stalking every six months after the date of the previous certification.
(D) Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee as a victim of domestic violence, sexual assault, or stalking shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required
by federal or state law or as necessary to protect the employee’s safety in the workplace. The employee shall be given notice before any authorized disclosure.
(E) (i) If circumstances change and an employee needs a new
accommodation, the employee shall request a new accommodation from the employer.
(ii) Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F) If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8) An employer shall not retaliate against a victim of domestic violence, sexual assault, or stalking for requesting a reasonable accommodation, regardless of whether the request was granted.
(h)
(g) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has taken time off for a purpose set forth in subdivision (a) or (b) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
(2) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by
their employer for reasons prohibited in subdivision (c) or (f), (e), or because the employee has requested or received a reasonable accommodation as set forth in subdivision (g), (f), shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief.
(3) An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible
for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.
(i)
(h) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has exercised their rights as set forth in subdivision (a), (b), (c), (f), (e),
or (g)
(f) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.
(2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (c), (f), (e), or (g) (f) within one year from the date of occurrence of the violation.
(j)
(i) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a), (b), or (c). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(k)
(j) For purposes of this section:
(1) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code or in Section 11165.6 of the Penal Code.
(2) “Family member” means:
(A) A child, including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
(B) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
(C) A spouse.
(D) A registered domestic partner.
(E) A grandparent.
(F) A grandchild.
(G) A sibling.
(3) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code, as amended.
(4) “Sexual harassment” means unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature and includes gender-based
harassment of a person of the same sex as the harasser. Sexual harassment need not occur in the workplace. Sexual harassment includes, but is not limited to, the following:
(A) Leering, making sexual gestures, displaying of sexually suggestive objects, pictures, cartoons, or posters.
(B) Derogatory comments, epithets, slurs, jokes, verbal abuse of a sexual nature, or graphic verbal commentaries or sexually degrading words used to describe an individual.
(C) Touching, assault, impeding, or blocking movements.
(D) Offering employment benefits in exchange for sexual favors.
(5) “Employer” means any person
employing another under any appointment or contract of hire and includes the state, any political subdivision of the state, and the Legislature.
(6) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code.