Today's Law As Amended


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AB-2947 Discrimination: employee complaint: standard of proof.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 12940.5 is added to the Government Code, to read:

12940.5.
 Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person is a motivating factor in the action or decision even though other factors may have also motivated the action or decision. An intent to discriminate may be established by direct or circumstantial evidence.

SEC. 2.

 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) Notwithstanding any law, and in addition to the requirements set forth in Section 12946, an employer shall maintain records of employee complaints alleging harassment, discrimination, or any other violation of this article for a period of not less than five years after the last day of employment of the complainant or any alleged perpetrator named in the complaint, whichever is later.
(c) If an employer violates this section, the department may seek an order requiring the employer to comply.