Bill Text: CA SB1407 | 2013-2014 | Regular Session | Amended

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Bill Title: Employment discrimination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-22 - Ordered to inactive file on request of Assembly Member V. Manuel Pérez. [SB1407 Detail]

Download: California-2013-SB1407-Amended.html

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BILL NUMBER: SB 1407	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN SENATE  APRIL 28, 2014
	AMENDED IN SENATE  MARCH 26, 2014

INTRODUCED BY   Senator Jackson

                        FEBRUARY 21, 2014

   An act to add Section 12964.5 to the Government Code, relating to
employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1407, as amended, Jackson. Employment discrimination.
   Existing law, the California Fair Employment and Housing Act,
creates the Department of Fair Employment and Housing and authorizes
the department to receive, investigate, and prosecute complaints
alleging specified unlawful practices. Under existing law, any person
claiming to be aggrieved by an alleged unlawful practice is
authorized to file with the department a verified complaint, in
writing, that states the name and address of the person, employer,
labor organization, or employment agency alleged to have committed
the unlawful practice complained of, that sets forth the particulars
thereof, and contains other information as required by the
department. Existing law requires any agreement entered into by any
dispute resolution to be in writing.
   This bill would declare that a waiver or release of claims under
this part is contrary to public policy and unenforceable, unless the
waiver or release of claims is knowing and  voluntary and is
clearly stated as part of a negotiated settlement agreement of
claims. The bill would prohibit a waiver or release of claims from
being considered knowing and voluntary unless specified conditions
have been met. The bill would prohibit a waiver executed under the
bill from waiving any right or claim that arises following the
execution of the waiver, except that a waiver or release that would
be valid for purposes of a specified statute would also be valid for
purposes of this bill, if the waiver or release also meets the
conditions described in the bill. The bill would define "release of
claims" for its purposes.   voluntary. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12964.5 is added to the Government Code, to
read:
   12964.5.   (a)     (1)
   A waiver or release of claims under this
part is contrary to public policy and shall be unenforceable, unless
the waiver or release of claims is knowing and  voluntary
and is clearly stated as part of a negotiated settlement agreement of
the claims.   voluntary.  
   (2) A waiver or release of claims shall not be considered knowing
and voluntary unless, at a minimum, the following conditions have
been met:  
   (A) The waiver or release is part of a negotiated agreement
between the individual and the employer that is written in plain
language and in a manner calculated to be understood by that
individual or by the average individual eligible to enter into a
negotiated agreement.  
   (B) The waiver or release shall be in conspicuous writing,
specifically refer to the individual's claims under this part, and
refer by name to the California Fair Employment and Housing Act (this
part) in connection with the waiver or release.  
   (C) The individual waives or releases claims under this part only
in exchange for consideration in addition to anything of value to
which the employee already is entitled.  
   (D) The individual is advised in writing to consult with an
attorney before executing the final negotiated agreement.

   (E) The agreement shall not have the effect of misleading,
misinforming, or failing to inform participants and affected
individuals. Any advantages or disadvantages described shall be
presented without exaggerating the benefits or minimizing the
limitations.  
   (F) The individual shall be given at least 21 days after receipt
to consider the final negotiated agreement.  
   (G) The agreement shall provide that, for at least seven days
following the execution of the agreement, the individual may revoke
the agreement, and the agreement shall not become effective or
enforceable until that seven-day period or a longer negotiated period
has expired.  
   (H) The waiver or release of claims is prohibited when the
consideration for the waiver or release is employment, continued
employment, or the payment of wages, including, but not limited to, a
raise or a bonus, unless the individual has previously initiated a
written claim to an administrative agency or a court, or presented a
written grievance or complaint to the employer. In those instances,
the waiver or release of claims shall reference the written claim,
grievance, or complaint.  
   (b) A waiver executed under this section shall not waive any right
or claim that arises after the execution of the waiver. However, a
waiver or release of claims under this section, that would be valid
for purposes of Section 1542 of the Civil Code, is valid under this
section if the conditions under subdivision (a) have been met.
 
   (c) A waiver agreement does not affect the department's authority
and responsibilities to enforce this part. A waiver shall not be used
to justify interfering with the protected right of an individual to
file a charge or participate in an investigation or proceeding
conducted by the department. 
   (d) As used in this section, "release of claims" includes, but is
not limited to, requiring an individual to execute a statement that
he or she does not possess any claims or injuries against the
employer.