Rights for victims of domestic violence, sexual assault, and stalking

September 1, 2017

If you are a victim of domestic violence, sexual assault, or stalking while employed by the City you have rights. Read this
notice for more information.

California law provides employees who are victims of domestic violence, sexual assault, and stalking the right to:

  • Take time off work
  • Reasonable accommodations for workplace safety
  • Be free from retaliation and discrimination based on exercising these rights

 

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You have the right to time off:

  • To protect you and your children’s health, safety, or welfare. You can take time off to get a restraining order or
    other court order
  • To get medical attention or services from a domestic violence shelter, program or rape crisis center,
    psychological counseling, or for safety planning
    • You may use vacation, personal leave, sick leave or compensatory time off unless you are covered by a
      union agreement that says something different. Even if you don’t have paid leave, you still have the
      right to time off
  • In general, you don’t have to give the City proof to use leave for these reasons.

If possible, tell your department before you take time off. If you cannot tell your department before you take time off,
you can’t be disciplined if you give proof of the reason for your absence within a reasonable time. Proof can be a police
report, court order, doctor or counselor’s note, or similar document.

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You have the right to reasonable accommodation:

  • You can ask your department for help making sure you are safe at work. Your department’s human resources
    representative will work with you to see what changes can be made
    • Changes in the workplace may include putting in locks, changing your shift or phone number,
      transferring or reassigning you, or help with keeping a record of what happened to you
    • Your department can ask you for a signed statement certifying that your request is for a proper purpose.
      They also may ask for proof showing you need an accommodation
    • Your request is confidential. Your human resources representative or supervisor will not tell your
      coworkers or anyone else who does not need to know about your request
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You have the right to be free from retaliation and discrimination:

Your department cannot treat you differently or fire you because:

  • You are a victim of domestic violence, sexual assault, or stalking
  • You asked for leave time to get help
  • You asked for help or changes to make sure you are safe in the workplace

You can file a complaint with the State Labor Commissioner’s Office if you are retaliated or discriminated
against for exercising these rights.

For more information, contact the California Labor Commissioner’s Office. Their phone number is 213-897-6595, or you can find a local office at: www.dir.ca.gov/dlse/DistrictOffices.htm. If you do not speak English, an interpreter in your language will be provided at no cost. This Notice explains rights contained in California Labor Code sections 230 and 230.1. 

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Departments