Overview of SB 400
The California Senate Bill 400 extends the same employment protections that are given to victims of domestic violence and sexual assault, under Labor Code Sections 230, to victims of stalking. In this bill, employers with 25 or more employees are required to provide sufficient information in writing to all employees regarding their rights to take time off from work to:
- Seek professional medical attention for any injuries caused by sexual assault, domestic violence or stalking.
- Seek services from a domestic violence shelter, help program or rape crisis center.
- Seek psychological counseling to help cope with sexual assault, domestic violence or stalking experience.
- Participate in planned safety programs and other actions meant to increase victim safety from future incidents of domestic violence, stalking or sexual assault.
- Appear as a witness in a domestic violence, sexual assault or stalking judicial proceeding or obtain any injunctive relief to ensure the welfare of the victim or their child.
SB 400 prohibits employers from discharging or in any manner discriminating or retaliating against an employee due to their status as a victim of sexual assault, domestic violence or stalking. To maintain compliance, your organization should also train all managers on the content of SB 400 with respect to domestic violence, sexual assault and stalking. Traliant’s Preventing Discrimination and Harassment for California/Connecticut Managers (120 minutes) covers this law including important Do’s and Don’ts for managers.
Employer and Employee Requirements
Employers are required to provide reasonable accommodation for employees who are victims of sexual assault, domestic violence or stalking, as well as engage with victims promptly, in good faith and in an interactive process to determine the most effective reasonable accommodations.
Victims must provide the employer reasonable advance notice of their intention to take time off work. For an unscheduled absence, employees must provide, within a reasonable time, a certification in the form of a police report, court order or documentation from a licensed medical professional.
If an employee is in any way discharged, threatened with a discharge, suspended, demoted or in any way discriminated or retaliated against by an employer due to domestic violence, sexual assault or stalking, the employee is entitled to reimbursement and reinstatement.
If an employer willfully refuses to promote, rehire or otherwise restore an employee who has been determined eligible for promotion or rehiring, they are guilty of a misdemeanor. Failure to comply with SB 400 regulations may lead to penalties and fines.
Based on SB 400 guidelines, it is recommended that employers take specific steps to support proper training and address employee knowledge of domestic violence, sexual assault and stalking incidents, including:
- Information about SB 400, job protection rights and compliance requirements.
- The legal obligations managers and supervisors have to employees dealing with domestic violence, sexual assault, or stalking.
- How to report domestic violence, sexual assault or stalking incidents that may be affecting an employee’s productivity, availability or well-being in the workplace.
- How to handle employee domestic violence, sexual assault or stalking in the workplace, including how to prevent discrimination, discharging or retaliation related to the incident.
Interactive Compliance Training
Traliant brings you customized training courses that are tailored to address the specific needs of your organization. We focus on making our training courses easy to understand, highly interactive and inclusive to strengthen your organization’s compliance, help you meet legal requirements and engage your staff.
Our courses are designed to:
- Allow flexibility with customizable content.
- Leave a positive impact on employees.
- Cover the most critical compliance topics.
- Help you keep pace with evolving laws and regulations.
- Offer dependable expertise and tools needed to stay in compliance.
- Provide on-demand training solutions that protect you and your organization.
Traliant’s Preventing Discrimination and Harassment training suite, which includes SB 400 training for managers, helps your organization implement personable, knowledgeable and proactive training that is delivered in an engaging and interactive way. It teaches your staff how to deal with and manage employee domestic violence, sexual assault and stalking, and includes information on interpreting employment-related legislation and implementing appropriate actions.
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