A new California law takes a giant step toward helping employees who have faced workplace discrimination. In a state that has more than 12.1 million workers — with 5.54 million of them women and 7.67 million non-white, just to name a couple of categories — the issue has broad implications.
Discrimination is pervasive but often underreported. During the past year, many companies have been grappling with varying concerns related to that very issue, including Pinterest, Facebook and even Airbnb.
The law, A.B. 1947, took effect on Jan. 1, and it could make a real difference for many who have been wronged by businesses and who may find themselves tangling with an opponent that has outsized influence and resources. A.B. 1947 applies to anyone who reasonably believes he or she has been fired or faced other types of discrimination in violation of state labor laws.
First and foremost, the new law doubles the amount of time during which a person can file a complaint with the California Division of Labor Standards Enforcement. Previously, victims had six months from the time of the incident; now, it’s a full year. With the angst and second-guessing that can accompany conflict at work, that additional time can prove vital.
Secondly, if a court sided with the employee, affirming discrimination, the court also could choose to award reasonable attorney’s fees to the employee. This potential financial help can give victims the courage to come forward with discrimination allegations.
A common concern among victims is that they’ll face a backlash if they speak out. Importantly, California law prohibits retaliation against employees who exercise their rights to report activities that they reasonably believe violate the law — or who refuse to do something that they believe violates the law. It also prohibits employers from enforcing rules that would keep workers from providing information to authorities.
Keller Grover offers free consultations to advise workers about their specific situations. In more than 25 years litigating fraud and employment cases, the lawyers at Keller Grover have recovered hundreds of millions of dollars for clients and class members.