AB 406: Employment: unlawful discrimination: victims of violence.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency, under the direction of the Director of Civil Rights, to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prescribes various functions, duties, and powers of the department, including, among others, to bring prescribed civil actions for violations of specified federal civil rights and antidiscrimination laws.

Prior law, until January 1, 2025, authorized an employee who was discriminated or retaliated against for exercising certain rights to file a complaint with the Division of Labor Standards Enforcement in accordance with specified Labor Code provisions. These employee rights include, among other things, the right to take time off work to serve on a trial or to obtain specified crime-related relief.

Existing law, as of January 1, 2025, transferred the authority to enforce these discrimination provisions from the Division of Labor Standards Enforcement to the Civil Rights Department. Existing law also repealed the above-described Labor Code provisions, and added new enforcement provisions to the California Fair Employment and Housing Act within the Government Code. Among other changes, these provisions refer to a “qualifying act of violence,” as defined, instead of crime, or crime or abuse, for purposes of obtaining relief. Existing law further prohibits an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off work for any of a number of additional prescribed purposes relating to a qualifying act of violence, as defined. Existing law requires an employee, as a condition of taking time off, to provide the employer with reasonable advance notice, unless not feasible, in accordance with certain procedural requirements.

This bill would reinstate the above-described former Labor Code provisions, to apply only to alleged actions or inactions occurring on or before December 31, 2024.

This bill would also transfer enforcement authority for two additional discrimination provisions relating to attending judicial proceedings from the Division of Labor Standards Enforcement to the Civil Rights Department.

The bill would make other conforming changes.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 1, 2025Chaptered by Secretary of State - Chapter 148, Statutes of 2025.
2. October 1, 2025Approved by the Governor.
3. September 23, 2025Enrolled and presented to the Governor at 4 p.m.
4. September 11, 2025Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 0. Page 3286.).
5. September 10, 2025From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 0.) (September 10).
6. September 9, 2025Joint Rule 62(a), file notice suspended. (Page 3061.)
7. September 4, 2025Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.
8. September 3, 2025In Assembly. Concurrence in Senate amendments pending.
9. September 3, 2025Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 30. Noes 2. Page 2460.).
10. August 20, 2025Read second time. Ordered to third reading.
11. August 19, 2025From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
12. July 16, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 15). Re-referred to Com. on APPR.