State labor legislation enacted in 2002; mininum wage rate increases, limits on overtime for nurses, paid family and medical leave, workplace security, and military re-employment rights were among major legislation enacted during the year

Monthly Labor Review, Jan, 2003 by Richard R. Nelson

An employer who maintains an absence control policy that counts sick leave used to attend to an illness of a child, parent, spouse, or domestic partner as a basis for discipline, demotion, discharge, or suspension will be considered to be in violation of the law prohibiting employer retaliation against an employee who uses sick leave for these purposes.

Agriculture. A resolution was adopted directing that a privately-funded Agricultural Worker Health and Housing Commission be established composed of equal numbers of members representing growers and agricultural workers. The commission is to report to the legislature regarding the agricultural industry's ability to compete in the global marketplace and the commission's recommendations of how to improve the housing and health conditions of agricultural workers.

Equal employment opportunity. A 2001 court decision (Esberg v. Union Oil Co. of California) held that it was permissible under the Fair Employment and Housing Act (FEHA) for employers to discriminate on the basis of age in employee training programs. In response, existing provisions of the FEHA which made it an unlawful employment practice for any employer to refuse to hire or employ, or to discharge, dismiss, reduce, suspend, or demote any individual older than age 40 on the basis of age were repealed. A prohibition on age discrimination was added to a separate code section which addresses the other prohibited bases of discrimination, resulting in age discrimination being expressly prohibited in training programs and in other terms, conditions, and privileges of employment. Age was also added to the existing bases of discrimination prohibited for labor organizations.

Provisions of the FEHA requiring that an individual wishing to pursue a civil action file suit within 1 year of a right-to-sue notice from the Department of Fair Employment and Housing, were amended to toll the limitation period within which the civil action must be filed, in cases where the department has deferred its investigation of the individual's complaint to the U.S. Equal Employment Opportunity Commission (EEOC) or where after an investigation by the department, the EEOC agrees to perform a substantial weight review of the determination of the department or conducts its own investigation. The time for commencing an action for which the statute of limitations is tolled will expire when the Federal right-to-sue period to commence a civil action expires, or 1 year from the date of the right-to-sue notice by the department, whichever is later.

Sections of the Education Code pertaining to community colleges were amended to repeal provisions relating to affirmative action hiring that had been invalidated by the California Court of Appeal. An Equal Employment Opportunity Fund is established to be administered by the Board of Governors of the California Community Colleges for the purpose of promoting equal employment opportunity in hiring and promotion.

Worker privacy. An Address Confidentiality for Reproductive Health Care Services Providers, Employees, Volunteers, and Patients program was created to protect the confidentiality of home address information of these individuals. Under the program, the Secretary of State will be required to approve an application of a qualified program participant for a substitute address to be designated by the Secretary. State and local agencies are required to use the substitute address at the request of a program participant.