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AB-1867 Employment discrimination: sexual harassment: records. (2017-2018)

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Date Published: 06/14/2018 09:00 PM
AB1867:v98#DOCUMENT

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 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 sexual harassment for 10 years from the date of filing. a minimum of 5 years after the date of termination of employment of the accused. The bill would authorize the department to seek an order requiring an employer that violates the 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 sexual harassment. Those records shall be retained for 10 years from the date of filing. a period of not less than five years after the date of termination of employment of the accused.
(c) If an employer violates this section, the department may seek an order requiring the employer to comply.