In
general, as defined and stated under the California Penal Code and civil
stalking statute, stalking is well-defined as embracing a pattern of unpleasant
action or misconduct with the primary intention of causing alarm or even
harassment to the victim. Undeniably, it has been indeed a major problem being
suffered by human race for decades. Stalking comes in many forms and could
happen anywhere including the workplace.
In
a study released on January 13, 2008, the U.S. Justice Department’s Bureau of Justice
Statistics stressed about 130,000 stalking victims testified that they were
fired or asked to leave their job due to it. According to the overall gathered
data, anxiety for safety and inconveniences caused when getting a restraining
order or even testifying in court are some of the reasons why 1 in 8 employed
stalking victims lost time for their work.
Consequently,
employment protection welcomes stalking as it has been finally approved to jam
with domestic violence and sexual assault prohibitions stated under the Labor
Code, specifically, Sections 230 and 230.1, signed by California Governor Jerry
Brown, last October 11, 2013. This went into effect starting January 1, 2014.
While
prior version of the California Labor Code shields employees away from
distresses which are limited to domestic violence and sexual assault alone, the
amended law now considers stalking as additional aspect under employment
protections expected to be favorably adored by all employees and to serve their
welfare much better. It settles bars in between an employee and any
discrimination or retaliation actions of a particular employer opposing his or
her employee. In fact, similar protections were amended to the victims of
stalking together with the preys of domestic violence and sexual assault. It also declares that discrimination against
any of these victims because of their status and creating obligation privileges
similar to those made especially for disabled employees is considered, by any
grounds, unlawful.
Moreover,
reasonable accommodation provision demands employers to be accountable for
implementing and refining accommodations that guarantees reliable security for
victims of domestic violence, sexual assault, or stalking, in the workplace.
These accommodations may include schedule modification, casual changing of work
telephone number or even work station, assistance in petitions regarding the
three aspects, and other security actions.
On
the other hand, in accordance to the California Fair Employment and Housing
Act, California Civil Code § 12926, accommodations
which may trigger an undue hardship to potentially affect the business
operations of a particular employer will not be permitted.
Furthermore,
in spite of any time limitations written in Section 98.7, a complainant
[employee] may file a claim regarding committed violation in reference to the
law within a year from its occurrence.
