Over the last several years, California employers have become increasingly aware of cities and counties enacting workplace requirements on a wide range of issues, including scheduling, lay offs, paid sick leave, minimum wages, and other more industry-specific requirements. Next year that list is likely to become even more expansive with the addition of laws on discrimination.
Specifically, effective January 1, 2025, Senate Bill 1340 permits any city, county, or other political subdivision of the state to enforce a local law prohibiting discrimination in employment against any of the protected classes established by state law. In order to do so, the local enforcement must concern an employment complaint filed with the Civil Rights Department (CRD) following the CRD’s issuance of a right-to-sue notice. The local enforcement effort must commence before the expiration of the time to file a civil action specified in the right-to-sue notice and must be pursuant to a local law that is at least as protective as state law.
SB 1340 requires that the CRD establish regulations further governing local enforcement of discrimination laws, which local authorities must follow within one year of the effective date of such regulations. Until the CRD establishes these regulations, local enforcement efforts should use procedures that are “substantially similar” to those of the CRD.
The new law provides that the time to file a civil action as specified in the right-to-sue notice will be tolled during any local enforcement effort. The law also allows timely private civil actions following receipt of a right-to-sue notice from the CRD.
