Employment discrimination.

Existing law prohibits an employer from discriminating against or discharging an employee for specified reasons, including that the employee is a victim of domestic violence, sexual assault, or stalking and takes time off work to obtain judicial or medical relief, as provided. Existing law further provides that an employee who is discharged, threatened with discharge, or otherwise discriminated against, as provided, is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer as well as appropriate equitable relief. Existing law authorizes an aggrieved employee to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations, which is created by existing law within the Labor and Workforce Development Agency. Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee on behalf of that employee and other current or former employees to bring a civil action to recover specified civil penalties, which would otherwise be assessed and collected by the Labor and Workforce Development Agency, for the violation of certain provisions affecting employees. The act prescribes specified civil penalties for violations brought under these provisions. This bill, as an alternative to filing a complaint with the division, would authorize an employee aggrieved under the provisions prohibiting specified types of discrimination described above to bring a private civil action against the employee's employer and would not require that employee to pursue any other remedy prior to bringing that action. This bill would also make nonsubstantive changes. This bill would incorporate additional changes to Section 230 of the Labor Code proposed by AB 171 to be operative only if this bill and AB 171 are enacted and this bill is enacted last.