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An employer cannot discriminate or retaliate against an employee who is a victim, or whose family member is a victim, for taking time off work for proceedings to serve as a witness or obtain relief, attend proceedings related to specific crimes or victims' rights, or to seek medical treatment or other services related to the qualifying act of violence.
It is also unlawful to discharge or in any manner discriminate or retaliate against an employee because of their status, or the employee’s family member’s status, as a victim if either:
This anti-discrimination protection applies regardless of whether the employee has requested time off.
An employee who is denied their rights under either of the laws providing unpaid leave to employees for victim’s leave may file a complaint with the Civil Rights Department seeking damages and other remedies under the Fair Employment and Housing Act.
If you must lay off an employee who is taking unpaid victims’ leave, the employee has the same rights and seniority as if they had been at work.
Finally, the Healthy Workplaces, Healthy Families (paid sick leave) law prohibits discharge, discrimination or retaliation against a victim for using covered sick leave for these purposes.
1. Govt. Code sec. 12945.8(d)