The Legislative Discriminatory Harassment Retaliation Protection Act

Article 12 deals with the Legislative Discriminatory Harassment Retaliation Protection Act. Section 9149.38 specifies that Article 12 is known as this Act. Section 9149.39 defines the following terms: “discriminatory harassment,” “legislative advocate,” and “legislative employee.”

Section 9149.40 prohibits a house of the Legislature from discharging, expelling, or otherwise discriminating against a legislative advocate or a legislative employee because that person has opposed any practices forbidden under the California Fair Employment and Housing Act, opposed any practice actionable under Civil Code Sections 51 or 51.9, or filed a complaint, testified, or assisted in any proceeding relating to a complaint of discriminatory harassment made pursuant to those laws.

A vote of the house or the deliberation of legislative matters within its jurisdiction cannot be considered an act to discharge, expel, or otherwise discriminate against a legislative advocate or a legislative employee for purposes of this subdivision. A violation of this section is subject to a fine not to exceed $10,000. The civil fine imposed under this article is in addition to those provided by any other federal or state law.

Section 9149.41 requires each house of the Legislature to implement a system to maintain a record of each discriminatory harassment complaint made to that house for a period of at least 12 years after the complaint is made.