AB 2011 (Bauer-Kahan D) Unlawful employment practices: small employer family leave mediation program.

Current Text: Introduced: 1/31/2024 

Status: 5/1/2024-Referred to Coms. on JUD. and L., P.E. & R.

Location: 5/1/2024-S. JUD.

Summary: The California Fair Employment and Housing Act establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment. Current law requires the department to create a small employer family leave mediation pilot program for the resolution of alleged violations of prescribed provisions on family care and medical and bereavement leave, applicable to employers with between 5 and 19 employees. Current law requires the department to generally initiate the mediation within 60 days following a request, prohibits an employee from pursuing a civil action until the mediation is complete or the mediation is deemed unsuccessful, and tolls the statute of limitations for the employee, including for all related claims not subject to mediation, from the date of receipt of a request to participate in the program until the mediation is complete or the mediation is deemed unsuccessful. Under existing law, the mediation is deemed complete when one of specified events occurs, including that the mediator determines that the core facts of the employee’s complaint are unrelated to the specified family care and medical and bereavement leave provisions. Current law repeals the pilot program on January 1, 2025. This bill would expand the program to include resolution of alleged violations of prescribed provisions on reproductive leave loss. The bill would revise the above-described provisions relating to the statute of limitations to toll the statute of limitations for all related claims arising out of the claims subject to mediation.