Status

PDF |Add To My Favorites |Track Bill | print page

AB-171 Employment: sexual harassment. (2019-2020)

Senate:
1st
Cmt
2nd
3rd
Pass
Assembly:
1st
Cmt
2nd
3rd
Pass
Pass
Veto
Bill Status
AB-171
Gonzalez (A)
-
Bonta (A)
Employment: sexual harassment.
02/08/19
An act to amend Section 230 of the Labor Code, relating to employment.
Assembly
09/18/19
07/03/19

Type of Measure
Inactive Bill - Vetoed
Majority Vote Required
Non-Appropriation
Fiscal Committee
State-Mandated Local Program
Non-Urgency
Non-Tax levy
Last 5 History Actions
Date Action
10/12/19 Vetoed by Governor.
09/24/19 Enrolled and presented to the Governor at 3:30 p.m.
09/14/19 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 12. Page 3583.).
09/13/19 In Assembly. Concurrence in Senate amendments pending.
09/13/19 Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10. Page 2935.).
Governor's Veto Message
To the Members of the California State Assembly:

I am returning Assembly Bill 171 without my signature.

This bill amends the Labor Code to extend anti-retaliation and anti-discrimination protections to survivors of sexual harassment. These protections are currently provided to survivors of domestic violence, sexual assault or stalking. The bill also establishes a rebuttable presumption of unlawful retaliation, if an employer takes adverse action against the employee within 90 days, as specified.

I strongly support the Legislature's efforts to strengthen workplace protections for all survivors of harassment and abuse. However, this bill creates a standard for a particular form of sex-based discrimination different from applicable standards for other forms of discrimination that could weaken, rather than strengthen, existing worker protections. Incorporating sexual harassment into the Labor Code duplicates, and in some crucial respects, weakens existing law under the Fair Employment and Housing Act (FEHA), which already includes protections and remedies for survivors of sexual harassment when employers act unlawfully. AB 171 could also result in potentially overlapping claims filed with both the Department of Fair Employment and Housing (DFEH) as well as the Labor Commissioner, which could create confusion and potentially limit workers' rights.

I encourage the Legislature to work collaboratively with DFEH to evaluate if and how the FEHA can be enhanced to better protect survivors of sexual harassment against unlawful employment practices.

Sincerely,





Gavin Newsom