What does the California Labor Commission do?

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Whenever discrimination is discovered, the goal of the law is to put the victim of discrimination in the same place (or nearly the same place) that he or she would have been if the discrimination had never occurred.

The types of remedies will vary depending on the discriminatory act that occurred and the effect it had on the victim. For example, if someone is not selected for a job or promotion because of discrimination, the remedy may include job placement and/or back pay and benefits that the person would have received.

California Labor Commissioner

“The pandemic raised awareness that many men and women go to work every day and are at great risk,” said state Sen. Maria Elena Durazo (D-Los Angeles). “Not just first responders in medical situations, but supermarket workers, farm labor, truck drivers and those who make protective masks.”

Only two of the 25 measures the chamber called “job killers” made it to Gov. Gavin Newsom’s desk: the garment workers provision, which he signed, and a bill allowing agricultural employees to vote by mail in a union election, which he vetoed.

Under another California Division of Occupational Safety and Health emergency rule, renewed Dec. 16, some workers can be paid 10 days if they become ill or are exposed to the virus and therefore must be excluded from the workplace. However, leave to care for sick family members or out-of-school children is not covered, and they are not paid if the employer can prove they were infected outside of work.

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“The pandemic raised awareness that many men and women go to work every day and are at great risk,” said state Sen. Maria Elena Durazo (D-Los Angeles). “Not just first responders in medical situations, but supermarket workers, farm labor, truck drivers and those who make protective masks.”

Only two of the 25 measures the chamber called “job killers” made it to Gov. Gavin Newsom’s desk: the garment workers provision, which he signed, and a bill allowing agricultural employees to vote by mail in a union election, which he vetoed.

Under another California Division of Occupational Safety and Health emergency rule, renewed Dec. 16, some workers can collect 10 days if they become ill or are exposed to the virus and therefore must be excluded from the workplace. However, leave to care for sick family members or out-of-school children is not covered, and they are not paid if the employer can prove they were infected outside of work. Latino Life at The San Diego Union-Tribune

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Employers are not allowed to ask for additional information about your background because you are, for example, of a certain race or because you have previously filed a complaint alleging employment discrimination.

Employers also may not retaliate against you, whether you are an applicant or an employee, for asserting your right to be free from employment discrimination, including harassment. Asserting these rights is called “protected activity” and includes opposing alleged discrimination or participating in proceedings under federal laws enforced by the Equal Employment Opportunity Commission (EEOC).

Some employers may tell you not to apply for a job if you have a criminal record. This could be considered an act of employment discrimination or employment discrimination. If this is the case, contact the EEOC. You can find more information about Arrest and Conviction Records Considered in Employment Decisions on the EEOC website.