California 2017 2017-2018 Regular Session

California Assembly Bill AB569 Introduced / Bill

Filed 02/14/2017

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 569Introduced by Assembly Member Gonzalez FletcherFebruary 14, 2017 An act to add Section 2810.7 to the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 569, as introduced, Gonzalez Fletcher. Discrimination: reproductive health.The California Fair Employment and Housing Act prohibits discrimination in employment based upon specified personal characteristics, including the 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.Existing law creates the Division of Labor Standards Enforcement in the Department of Industrial Relations for the purpose of enforcing labor laws.This bill would amend provisions of labor law relating to the obligations of an employer to prohibit an employer from taking any adverse employment action, as defined, against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent or requiring an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service. The bill would require an employer that provides an employee handbook to its employees to include in the handbook notice of the employee rights and remedies under the provisions of this bill.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2810.7 is added to the Labor Code, to read:2810.7. (a) An employer shall not do either of the following: (1) Take any adverse employment action against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent.(2) Require an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service.(b) An employer that provides an employee handbook to its employees shall include in the handbook notice of the employee rights and remedies under this section.(c) For purposes of this section, adverse employment action includes, but is not limited to, termination, demotion or refusal to promote or advance, loss of career specialty, reassignment to a different shift, reduction of hours, reduction of wages or benefits, refusal to provide training opportunities or transfer to a different department, adverse administrative action, or any other penalty or disciplinary or retaliatory action.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 569Introduced by Assembly Member Gonzalez FletcherFebruary 14, 2017 An act to add Section 2810.7 to the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 569, as introduced, Gonzalez Fletcher. Discrimination: reproductive health.The California Fair Employment and Housing Act prohibits discrimination in employment based upon specified personal characteristics, including the 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.Existing law creates the Division of Labor Standards Enforcement in the Department of Industrial Relations for the purpose of enforcing labor laws.This bill would amend provisions of labor law relating to the obligations of an employer to prohibit an employer from taking any adverse employment action, as defined, against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent or requiring an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service. The bill would require an employer that provides an employee handbook to its employees to include in the handbook notice of the employee rights and remedies under the provisions of this bill.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 569

Introduced by Assembly Member Gonzalez FletcherFebruary 14, 2017

Introduced by Assembly Member Gonzalez Fletcher
February 14, 2017

 An act to add Section 2810.7 to the Labor Code, relating to employment. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 569, as introduced, Gonzalez Fletcher. Discrimination: reproductive health.

The California Fair Employment and Housing Act prohibits discrimination in employment based upon specified personal characteristics, including the 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.Existing law creates the Division of Labor Standards Enforcement in the Department of Industrial Relations for the purpose of enforcing labor laws.This bill would amend provisions of labor law relating to the obligations of an employer to prohibit an employer from taking any adverse employment action, as defined, against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent or requiring an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service. The bill would require an employer that provides an employee handbook to its employees to include in the handbook notice of the employee rights and remedies under the provisions of this bill.

The California Fair Employment and Housing Act prohibits discrimination in employment based upon specified personal characteristics, including the 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.

Existing law creates the Division of Labor Standards Enforcement in the Department of Industrial Relations for the purpose of enforcing labor laws.

This bill would amend provisions of labor law relating to the obligations of an employer to prohibit an employer from taking any adverse employment action, as defined, against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent or requiring an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service. The bill would require an employer that provides an employee handbook to its employees to include in the handbook notice of the employee rights and remedies under the provisions of this bill.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 2810.7 is added to the Labor Code, to read:2810.7. (a) An employer shall not do either of the following: (1) Take any adverse employment action against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent.(2) Require an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service.(b) An employer that provides an employee handbook to its employees shall include in the handbook notice of the employee rights and remedies under this section.(c) For purposes of this section, adverse employment action includes, but is not limited to, termination, demotion or refusal to promote or advance, loss of career specialty, reassignment to a different shift, reduction of hours, reduction of wages or benefits, refusal to provide training opportunities or transfer to a different department, adverse administrative action, or any other penalty or disciplinary or retaliatory action.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 2810.7 is added to the Labor Code, to read:2810.7. (a) An employer shall not do either of the following: (1) Take any adverse employment action against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent.(2) Require an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service.(b) An employer that provides an employee handbook to its employees shall include in the handbook notice of the employee rights and remedies under this section.(c) For purposes of this section, adverse employment action includes, but is not limited to, termination, demotion or refusal to promote or advance, loss of career specialty, reassignment to a different shift, reduction of hours, reduction of wages or benefits, refusal to provide training opportunities or transfer to a different department, adverse administrative action, or any other penalty or disciplinary or retaliatory action.

SECTION 1. Section 2810.7 is added to the Labor Code, to read:

### SECTION 1.

2810.7. (a) An employer shall not do either of the following: (1) Take any adverse employment action against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent.(2) Require an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service.(b) An employer that provides an employee handbook to its employees shall include in the handbook notice of the employee rights and remedies under this section.(c) For purposes of this section, adverse employment action includes, but is not limited to, termination, demotion or refusal to promote or advance, loss of career specialty, reassignment to a different shift, reduction of hours, reduction of wages or benefits, refusal to provide training opportunities or transfer to a different department, adverse administrative action, or any other penalty or disciplinary or retaliatory action.

2810.7. (a) An employer shall not do either of the following: (1) Take any adverse employment action against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent.(2) Require an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service.(b) An employer that provides an employee handbook to its employees shall include in the handbook notice of the employee rights and remedies under this section.(c) For purposes of this section, adverse employment action includes, but is not limited to, termination, demotion or refusal to promote or advance, loss of career specialty, reassignment to a different shift, reduction of hours, reduction of wages or benefits, refusal to provide training opportunities or transfer to a different department, adverse administrative action, or any other penalty or disciplinary or retaliatory action.

2810.7. (a) An employer shall not do either of the following: (1) Take any adverse employment action against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent.(2) Require an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service.(b) An employer that provides an employee handbook to its employees shall include in the handbook notice of the employee rights and remedies under this section.(c) For purposes of this section, adverse employment action includes, but is not limited to, termination, demotion or refusal to promote or advance, loss of career specialty, reassignment to a different shift, reduction of hours, reduction of wages or benefits, refusal to provide training opportunities or transfer to a different department, adverse administrative action, or any other penalty or disciplinary or retaliatory action.



2810.7. (a) An employer shall not do either of the following: 

(1) Take any adverse employment action against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employees dependent.

(2) Require an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service.

(b) An employer that provides an employee handbook to its employees shall include in the handbook notice of the employee rights and remedies under this section.

(c) For purposes of this section, adverse employment action includes, but is not limited to, termination, demotion or refusal to promote or advance, loss of career specialty, reassignment to a different shift, reduction of hours, reduction of wages or benefits, refusal to provide training opportunities or transfer to a different department, adverse administrative action, or any other penalty or disciplinary or retaliatory action.