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2013 Employment Discrimination Legislation

2013 Employment Discrimination Legislation

2/14/2014

Forty-five states, the District of Columbia and Puerto Rico considered bills related to employment discrimination during the 2013 legislative session. Among the issues involved are using medical marijuana, providing space to nurse infants, sexual harassment and immigrant status. A total of 356 bills were introduced. All states had employment discrimination bills except Alabama, Alaska, Idaho, Kansas and South Dakota.

Job adsFifty-nine bills were enacted, in 23 states and Puerto Rico. Laws were passed in California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island, Texas, Utah, Vermont, Washington, Wyoming and Puerto Rico.

Bills passed in California, Maine, New Jersey and Texas were subsequently vetoed by their respective governors.

Below are summaries of enacted employment discrimination laws from the 2013 legislative session. Summaries of all introduced employment discrimination legislation are available in a separate PDF.

2013 Enacted Legislation on Employment Discrimination

CALIFORNIA

  • CA A 263 (Chapter No. 732) Prohibits retaliation and discriminatory practices.
  • CA A 581 (Chapter No. 295) Prohibits retaliation against staff of health care facilities for filing a complaint.
  • CA S 39 (Chapter No. 775) Requires forfeiture of claims against the government by local public officers convicted
  • CA S 288 (Chapter No. 756) Prohibits adverse actions against an employee who takes time off to attend criminal proceedings in which the employee was the crime victim.
  • CA S 292 (Chapter No. 88) Prohibits sexual harassment.
  • CA S 400 (Chapter No. 759) Prohibits adverse employment actions against victims of domestic violence or stalking.
  • CA S 655 (Vetoed) Would have allowed aggrieved party to prevail if the person proved a protected characteristic was a substantial motivating factor in an employment action.
  • CA S 666 (Chapter No. 577) Provides for professional discipline against an attorney who threatens reporting the immigration status of an employee who is a witness or exercising an employment right, and prohibits adverse action against an employee for filing a work-related complaint.

COLORADO

  • CO H 1136 (Chapter No. 168) Prohibits unfair or discriminatory age-related employment practices.
  • CO S 18 (Chapter No. 125) Prohibits the use of consumer credit information in employment for purposes unrelated to a job.

CONNECTICUT

  • CT S 434 (Public Act No. 13-225) Regards state employment opportunities and services to persons with disabilities.
  • CT S 821 (Public Act No. 13-53) Prohibits an employer from hindering an employee from making a child abuse report or testifying in any proceeding involving child abuse or neglect.

DELAWARE

  • DE H 21 (Chapter Number 180) Prohibits adverse employment actions against a volunteer emergency responder.
  • DE H 22 (Chapter Number 181) Prohibits discrimination against an employee who is a member of a volunteer emergency response organization.
  • DE S 97 (Chapter Number 47) Prohibits discrimination based on gender identity.

FLORIDA

  • FL H 7079 (Chapter No. 2013-215) Eliminates scheduled repeal of section on confidentiality of employment records of victims of domestic violence.
  • FL H 7145 (Chapter No. 2013-220) Eliminates scheduled repeal of section on confidentiality of employment discrimination complaints.

HAWAII

  • HI S 535 (Act No. 2013-248) Prohibits a domestic service employer from discriminating against employees based on race, sex, gender identity, sexual orientation, age, religion, color, ancestry, disability or marital status.

ILLINOIS

  • IL H 1 (Public Act No. 122). Prohibits employment discrimination against a state-registered user of medical cannabis.
  • IL S 1210 (Public Act No. 516) Prohibits employment discrimination against homeless persons.

LOUISIANA

  • LA S 153 (Act No. 374) Prohibits unequal pay in state government employment.

MAINE

  • ME H 528 (Vetoed) Would have made it unlawful for an employer to fail to provide certain workplace accommodations to an employee who is nursing an infant.

MARYLAND

  • MD H 314 (Chapter No. 243) Prohibits discrimination in the provision of funeral services due to AIDS status.
  • MD H 795 (Chapter No. 539). Allows the labor commissioner to accept oral complaints alleging employment discrimination if the person subsequently submits a written complaint.
  • MD H 804 (Chapter No. 548) Requires an employer to provide reasonable accommodation for disability related to pregnancy.
  • MD S 784 (Chapter No. 547) ) Requires an employer to provide reasonable accommodation for disability related to pregnancy.

MINNESOTA

  • MN H 542 (Chapter No. 2013-83) Provides additional whistleblower protection to state employees in communicating information to legislative or constitutional officers.
  • MN H 975 (Chapter No. 2013-107) Requires that judges for human services hearings must be licensed attorneys.
  • MN S 523 (Chapter No. 2013-61). Imposes limits and restrictions on the use of criminal history records in employment and hiring.

NEVADA

  • NV A 12 (Chapter No. 13) Prohibits discrimination against an employee who files an occupational safety complaint.
  • NV S 127 (Chapter No. 76) Prohibits the use of credit information for employment purposes.
  • NV S 437 (Chapter No. 245) Prohibits retaliation against an employee who reports an employer for false claims.
  • NV S 506 (Chapter No. 275) Repeals obsolete references to Communist Party participation by an employee.

NEW JERSEY

  • NJ A 2648 (Chapter No. 2013-154) Prohibits retaliation against an employee who discloses to another employee or previous employee what he or she believes to be a violation of law or rule or a criminal act by the employer.
  • NJ S 968 (Vetoed) Would have established procedures and standards regarding certain public service privatization contracts.

NEW MEXICO

  • NM H 216 (Chapter No. 12) Enacts the Fair Pay for Women Act and prohibits gender-based wage discrimination.

NORTH DAKOTA

  • ND H 1369 (Chapter Number 254) Changes the name of the department of labor to the department of labor and human rights.
  • ND S 2062 (Chapter Number 276) Enacts job protections and prohibits employment discrimination for volunteer emergency responders.
  • ND S 2127 (Chapter Number 275) Enacts a veterans preference in employment for disabled veterans.

OKLAHOMA

  • OK H 1414 (Chapter No. 84) Repeals provisions requiring state agencies, boards, commissions, and departments to submit an affirmative action plans to the Office of Management and Enterprise Services.
  • OK S 199 (Chapter No. 9) Prohibits school districts from inquiring about where an applicant's children are currently schooled or using their enrollment status as a consideration in hiring decisions.
  • OK S 396 (Chapter No. 214) Transfers enforcement of civil rights complaints, including those related to employment, from the Oklahoma Human Rights Commission to the Attorney General’s Office of Civil Rights.

OREGON

  • OR H 2654 (Chapter No. 204) Prohibits an employer from requiring social media account access from current or potential employees.
  • OR H 2903 (Chapter No. 321) Requires employers to post summaries of laws related to the employment rights of victims of domestic violence or stalking.
  • OR H 2977 (Chapter No. 584) Requires construction labor contractors to be licensed by the Commissioner of Bureau of Labor and Industries.
  • OR H 3342 (Chapter No. 663) Prohibits a public employer from assisting, promoting or deterring union organizing.
  • OR S 559 (Chapter No. 602) Regards equal access to job placements for adults with developmental disabilities receiving comprehensive support services.

PUERTO RICO

  • PR S 238 Law Number 22-2013) Prohibits workplace discrimination based on sexual orientation or gender identity.

RHODE ISLAND

  • RI S 358 (Public Law No. 2013-412) Authorizes the Parole Board to issue certificates of recovery and re-entry to individuals convicted of certain crimes who establish their successful rehabilitation to assist them in finding employment and becoming productive members of society.

TEXAS

  • TX H 3739 (Chapter No. 1104) A municipality may not discrimination or terminate an employee who becomes a candidate for public office.
  • TX H 950 (Vetoed) Regarded discrimination in payment of compensation.

UTAH

  • UT H 100 (Chapter No. 94) Prohibits employers from requesting social media passwords or account access from employees or applicants.
  • UT S 142 (Chapter No. 437) Repealed sections prohibiting blacklisting of former employees.
  • UT S 95 (Chapter No. 427) Modifies grievance procedures and protections for public employees alleging retaliation for reporting fraud or waste.

VERMONT

  • VT H 280 (Act No. 0015) Revises requirements regarding the payment of wages.
  • VT H 99 (Act No. 0031) Requires equal pay for equal work.

WASHINGTON

  • WA S 5211 (Chapter No. 330) Prohibits an employer from requiring social media passwords or account access from employees or applicants.
  • WA S 5577 (Chapter No. 190) Provides protection for a public employee who files an ethics complaint.

WYOMING

  • WY H 94 (Chapter No. 89) Amends authority of pharmacists to administer immunizations; prohibits employer discrimination against a pharmacist who refuses to administer an immunization to a child under the age of 13.

Source: State Net 50-state bill tracking year-end search 2013

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