California’s Workplace Violence Laws: Protecting Victims’ Rights in the Workplace

Domestic violence devastates individuals, families and communities worldwide. Victims often face challenges in escaping abusive situations, compounded by obstacles like financial dependence, child care responsibilities, and lack of immediate support systems. Recognizing these barriers, California established a Crime and Abuse Victims Leave law in 2013 for victims of domestic violence, sexual assault, or stalking, granting employees the right to take protected time off work to address the impacts of violence and abuse. This law provides victims with a crucial lifeline, allowing them the time and space needed to focus on safety and recovery without risking their employment or financial security.

The Scope and Impact of California’s Employment Laws Addressing Violence

California is committed to supporting victims and their families. The leave law provides strong protections for employees impacted by domestic violence, sexual assault, or stalking. All employers are prohibited from discriminating or retaliating against employees who take time off to address specific legal and safety-related needs, such as seeking medical or psychological care, obtaining protective orders, or participating in legal proceedings. This ensures that employees can address critical safety and recovery needs for themselves or their family members without risking their employment.

Beginning Jan. 1, 2025, Assembly Bill 2499 codifies newly enhanced protections, moving them from the labor code into the California Fair Employment and Housing Act (FEHA), and integrating them into the state’s comprehensive anti-discrimination framework. The updated law broadens the scope of permissible leave, allowing time off for activities such as securing safe child care, temporary housing, or long-term trauma counseling. These changes recognize that victims and their families often need immediate, flexible solutions to protect their safety and address extended recovery needs. It also provides a new enforcement arm, in the form of the Civil Rights Department, which is set up to help employees enforce their rights under the law.

Additionally, AB 2499 strengthens and educates others about the law by enhancing eligibility criteria and implementing an expanded notice requirement. Employers will be required to inform employees of their rights under this law at hire, annually, upon request, and whenever an employee discloses a need for leave related to a qualifying act of violence. By codifying these provisions under FEHA and expanding the notice requirement, California not only reinforces its commitment to protecting victims in the workplace but also ensures employees are fully informed of their rights, raising awareness and fostering a workplace culture of safety, support, and empowerment, and that they have the tools to get help should their rights be disregarded.

Employers should also consider how the recent updates to the Crime and Abuse Victim Leave law requirements align with their mandatory workplace violence prevention plans. When an employee is a victim of violence, employers should evaluate whether adjustments are needed to address the situation effectively and ensure workplace safety. Incorporating protections under the Crime and Abuse Victim Leave law into these plans can strengthen an employer’s overall response to workplace violence and demonstrate a commitment to supporting affected employees.

Another important tool for employers, which works in tandem with the leave law and workplace violence plan, is the ability to obtain a workplace violence or harassment temporary restraining order (TRO) on behalf of an employee when the violence or threats occur at the workplace or through work-related interactions, such as those involving customers, vendors, or co-workers. This option allows employers to take swift legal action to protect their employee while maintaining confidentiality. Recent updates to the TRO laws now allow the use of pseudonyms to safeguard the victim's identity, in addition to permitting employers to seek surrender of weapons. By leveraging these legal tools, employers can create a safer environment and demonstrate a proactive approach to addressing concerns about employee safety and workplace violence.

A Global Perspective: The International Day for the Elimination of Violence Against Women

The International Day for the Elimination of Violence Against Women, observed on Nov. 25, serves as a powerful reminder of the worldwide crisis of domestic violence and violence against women generally, and highlights the urgent need for comprehensive solutions. California’s laws against violence, including its protections for employees impacted by domestic violence, workplace violence prevention policies, and other tools like workplace restraining orders, represent a significant step forward, showing how legal protections can meaningfully improve victim’s lives. Such legislative action addresses the often-hidden challenges that victims face daily and reinforces California’s commitment to creating a safe society with systemic solutions and tangible legal protections.

How Employers Can Help

Employers must prioritize their understanding of the Crime and Abuse Victim Leave law, as well as the requirement to create and maintain a customized workplace violence and prevention policy, and the protections these tools afford employees. By implementing supportive and compliant policies, employers will create a better workplace. Employers should establish clear policies that explain a victim’s rights, maintain strict confidentiality protocols, create straightforward procedures for requesting leave, and continue to maintain a workplace culture of safety and respect. Additionally, employers should continuously evaluate and adapt their workplace violence prevention plans to address threats and ensure that employees feel protected and supported, utilizing tools such as the workplace violence TRO, as necessary.

Looking Ahead

As we reflect on the significance of the International Day for the Elimination of Violence Against Women, we see how laws like California’s Crime and Abuse Victim Leave Laws and related statutes make a real difference in victims of violence lives. These protections provide victims with security and practical support, empowering them to rebuild their lives free from fear of retaliation from their employer. Raising awareness and understanding this legislation helps us all contribute to a future where victims are empowered, workplaces are supportive, and communities are safe.

Reprinted with permission from the December 13, 2024 edition of The Recorder © 2024 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-256-2472 or asset-and-logo-licensing@alm.com.