Existing Labor Code section 1019 prohibits employers and others from engaging in “unfair immigration-related practices” for purposes of retaliating against a person for exercising rights protected by the Labor Code or local ordinance. “Unfair immigration-related practices” include improper requests for documentation, refusal to honor tendered documents that reasonably appear to be genuine, misuse of the E-Verify system, threats to contact immigration authorities, and threats or false reports to any state or federal agency. The statute creates a rebuttable presumption of retaliation for conduct occurring within 90 days after the exercise of protected rights.
AB 2495 expands those protections to cover the exercise or attempted exercise of rights under any local, state, or federal statute or regulation applicable to employees. AB 2495 also expressly prohibits conduct related to a person’s perceived immigration status that would reasonably tend to dissuade the person from exercising a legal right. AB 2495 also provides that, in addition to civil liability, a violation of the law carries a penalty of up to $10,000 per employee or person for each violation, attorney’s fees and costs, and, under specified circumstances, court-ordered suspension of business licenses.
AB 2495 amends Labor Code Section 1019.
