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

Bill Status
Reyes (A)
Employment discrimination: sexual harassment: records.
An act to add Section 12950.5 to the Government Code, relating to sexual harassment.

Type of Measure
Inactive Bill - Vetoed
Majority Vote Required
Fiscal Committee
Non-State-Mandated Local Program
Non-Tax levy
Last 5 History Actions
Date Action
09/30/18 Vetoed by Governor.
08/24/18 Enrolled and presented to the Governor at 4:30 p.m.
08/20/18 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 6367.).
08/14/18 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.
08/13/18 Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 4. Page 5268.).
Governor's Veto Message
To the Members of the California State Assembly:

I am returning Assembly Bill 1867 without my signature.

This bill requires an employer of 50 or more employees to maintain records of complaints alleging sexual harassment for at least five years after the last day of employment of the complainant or alleged harasser, whichever is later. 

This bill, under certain circumstances, could lead to the retention of records for decades. It would also require complaints alleging sexual harassment to be maintained for the same length of time regardless of the result of the investigative process, meaning even unfounded complaints would need to be maintained.

For these reasons, and because current law already requires personnel records --including records of complaints-- be maintained for suitable periods of time, the time expansion of this bill is unwarranted.


Edmund G. Brown Jr.