HELPING THE HAUNTED – California Employers Must Accommodate Victims of Domestic Violence, Sexual Assault or Stalking

California Labor Code section 230 prohibits all employers from terminating, discriminating or retaliating against employee victims of domestic violence, sexual assault or stalking for taking time off for related court appearances.

Private employers with 25 or more on payroll must also provide such victims with additional time off to seek medical attention, obtain services from a shelter, program or rape crisis center, or participate in safety planning. See Labor Code section 230.1 and California Employers Must Notify Employees of Domestic Violence, Sexual Assault and Stalking Victims’ Rights (January, 2017).

As of July 1, 2017, the “Rights of Victims of Domestic Violence, Sexual Assault and Stalking” notice (the Notice) required by section 230.1(h), is available to download. All employers must now provide either this Notice or a substantially similar one to new workers upon hire and to any other employees who request it.

The Notice includes:

• When victims may take time off to help protect themselves and their children.
• What information they must provide to substantiate the requested time off.
• What benefits they may use (e.g., vacation, paid sick leave or compensatory time off).
• The right to request reasonable accommodation (such as installing locks, changing work shifts, or requesting job reassignment) to ensure workplace safety.
• The right to be free from employer retaliation and discrimination.

For more information, please contact one of our attorneys, Timothy Bowles, Cindy Bamforth or Helena Kobrin.

Tim Bowles

July 7, 2017