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UPE News Item

Labor Code 230

The California Labor Code Section 230 protects workers who are victims of domestic violence, sexual assault, or stalking from discharge and discrimination.  In particular, the law protects the time a worker takes to “obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the victim or his or her child”.  It also protects time off related to court appearances and court orders.  Workers are required by the law to notice their employer of their status as a victim of domestic violence, sexual assault, or stalking.  To the extent possible, workers need to provide advance notice of the need for time off relating to domestic violence, sexual assault, or stalking.  The employer may ask for a certification that the time off qualifies under the law.  When advance notice is not possible, the worker must notify the employer as soon as possible if time off was taken under Section 230.  

The law also requires that the employer engage in a reasonable accommodation process, similar to that required by the ADA.  The law references the following accommodations:

  • ·       Transfer, reassign, or modifying the employee’s schedule.
  • ·       Change the employee’s work telephone and/or workstation.
  • ·       Install a lock.
  • ·       Assist the employee with documenting the domestic violence, sexual assault, or stalking that occurs at the workplace.
  • ·       Implement new safety procedures.
  • ·       Make adjustments to the job structure, workplace facility, or work requirement in response to the domestic violence, sexual assault, or stalking.
  • ·       Refer the employee to a victim assistance organization.

 

The worker must notify the employer of their need for accommodation.  It is recommended that workers contact their Business Agent to assist with the reasonable accommodation process.  This law is designed to provide victims with protection at work so that they can take the steps necessary to get help.  If you are a victim of domestic violence, sexual assault, or stalking and are facing harassment, discrimination, or discipline at work please contact your Business Agent to see if Labor Code 230 can help protect you. 

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