Office of Employee Relations & Compliance

California Whistle Blower Protection Act

The California Whistle Blower Protection Act was enacted to ensure that state employees would be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. If you suspect that there is a problem as described above, you may file your complaint by calling 1-800-952-5665 or by writing to investigations: Bureau of State Audits, 555 Capitol Mall, Suite 300, Sacramento, CA 95814. The office does not accept complaints via email. The complaint form is available through the following link <http://www.bsa.ca.gov/hotline/> and may be filled out on-line or printed, filled out, and returned by mail to the above referenced address.

If you are retaliated against for reporting State Government Fraud and Waste and are a state employee, you must seek retaliation redress through the State Personnel Board. Call 916-653-1456.

If you are an employee of the California State University (CSU), you must seek redress within the CSU. For questions please call Employee Relations, CSU at 562-951-4425. To access the complaint form and procedures go to <http://www.calstate.edu/eo/EO-929.pdf>. 

The California Equal Pay Law

The California Equal Pay Law, Labor Code section 1197.5, prohibits discrimination against employees on the basis of sex in the payment of wages. Therefore, male and female employees in the same classification who perform substantially the same quantity and quality of work are entitled to equal pay, unless pay differentials are based on bona fide factors other than sex, such as seniority or merit. An employer who denies a person the equal pay guaranteed by this law is liable to the affected employee for any difference in wages due the employee, plus interest. The employer is also liable for damages in an amount equal to the total amount of lost wages. If you believe your rights under the Equal Pay Law have been violated, you may file a complaint with the local San Diego office of the State Department of Industrial Relations 7575 Metropolitan Dr., Rm. 210 San Diego, CA 92108: Phone 619-220-5451. <http://www.dir.ca.gov/dlse/>

Victims of Domestic Violence Employment Leave Act

California Labor Code sections 230 and 230.1, enacted the Victims of Domestic Violence Employment Leave Act, which prohibits employers with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence and who takes time off from work to seek medical attention for injuries caused by domestic violence, to obtain services from a domestic violence shelter, program, or rape crisis center, to obtain psychological counseling, or to participate in safety planning and take other actions to increase safety from future domestic violence. If you are a victim of domestic violence and feel you may have been discriminated or retaliated against you may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations San Diego office at 7575 Metropolitan Dr., Rm. 210 San Diego, CA 92108: Phone 619-220-5451. <http://www.dir.ca.gov/dlse/>

Time Off to Participate in Children’s School Activities

No employer who employs 25 or more employees working at the same location may discharge or in any way discriminate against an employee who is a parent, guardian, or grandparent having custody, of one or more children in kindergarten or grades 1 to 12, inclusive, or attending a licensed child day care facility, for taking off up to 40 hours each year, not exceeding eight hours in any calendar month of the year, to participate in activities of the school or licensed child day care facility of any of their children. The employee must give reasonable notice to the employer, prior to taking the time off. If you feel you may have been discriminated or retaliated against under this law, you may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations, San Diego office at 7575 Metropolitan Dr., Rm. 210 San Diego, CA 92108: Phone 619-220-5451. <http://www.dir.ca.gov/dlse/>

California Civil Code Section 1714.01 (Domestic Partners (DP))

Domestic partners shall be entitled to recover damages for negligent infliction of emotional distress to the same extent that spouses are entitled to do so under California law.

Section 297 of the Family Code defines Domestic Partner’s as two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met:

1. Both persons have a common residence.
   
   
2. Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.
   
   
3. The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
   
   
4. Both persons are at least 18 years of age.
   
   
5. Either of the following:
   
   • Both persons are members of the same sex.
   
   • One or both of the persons meet the eligibility criteria under Title II of the Social Security Act as defined in 42 U.S.C. Section 402(a) for old-age insurance benefits or Title XVI of the Social Security Act as defined in 42 U.S.C. Section 1381 for aged individuals. Persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over the age of 62.
   
   
6. Both persons are capable of consenting to the domestic partnership.

California Education Code Section 68130-68134 (Public Post-secondary Education: Exemption from Non-resident Tuition)

A student, other than a nonimmigrant alien, who meets all of the following requirements shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges:

1. High school attendance in California for three or more years.
   
   
2. Graduation from a California high school or attainment of the equivalent thereof.
   
   
3. Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001-02 academic year.
   
   
4. In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize their immigration status, or will file an application as soon as they are eligible to do so.

California Penal Code Section 290 (Sex Offenders: Registration)

Section 290 states that “every person for the rest of their life while residing in, or, if they have no residence, while located within California, or while attending school or working in California, shall be required to register with the chief of police of the city in which they are residing, or if they have no residence, are located, or the sheriff of the county if they are residing, or if they have no residence, is located, in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if they are residing, or if they have no residence, are located upon the campus or in any of its facilities, within five working days of coming into, or changing their residence or location within, any city, county, or city and county, or campus in which they temporarily reside, or, if they have no residence, are located.

If the person who is registering has more than one residence address or location at which they regularly reside or are located, they shall register in each of the jurisdictions in which they regularly reside or are located. If all of the addresses or locations are within the same jurisdiction, the person shall provide the registering authority with all of the addresses or locations where they regularly resides or are located.

If the person who is registering has no residence address, they shall update their registration no less than once every 60 days on a form as may be required by the Department of Justice, in whose jurisdiction they are located at the time they are updating the registration. Beginning on their first birthday following registration or change of address, the person shall be required to register annually, within five working days of their birthday, to update their registration.

Persons required to register in their state of residence who are out-of-state residents employed, or carrying on a vocation in California on a full-time or part-time basis, with or without compensation, for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year, shall register. Persons who are out-of-state residents enrolled in any educational institution in California, as defined in Section 22129 of the Education Code, on a full-time or part-time basis, shall register. The place where the out-of-state resident is located, for purposes of registration, shall be the place where the person is employed, carrying on a vocation, or attending school. The out-of-state resident subject to this subparagraph shall, provide the registering authority with the name of their place of employment or the name of the school attended in California, and their address or location in their state of residence. The registration requirement for persons subject to this subparagraph shall become operative on November 25, 2000. The terms ‘employed or carries on a vocation’ include employment whether or not financially compensated, volunteered, or performed for government or educational benefit.”

Government Code Section 12951 (Employment: Workplace Language Policies)

Section 12951 reads, “It is an unlawful employment practice for an employer, to adopt or enforce a policy that limits or prohibits the use of any language in any workplace, unless both of the following conditions exist:

1. The language restriction is justified by a business necessity.
   
   
2. The employer has notified its employees of the circumstances and the time when the language restriction is required to be observed and of the consequences for violating the language restriction.

Business necessity means an overriding legitimate business purpose such that the language restriction is necessary to the safe and efficient operation of the business, that the language restriction effectively fulfills the business purpose it is supposed to serve, and there is no alternative practice to the language restriction that would accomplish the business purpose equally well with a lesser discriminatory impact.”

Please note: The Department of Fair Employment and Housing (DFEH) <http://www.dfeh.ca.gov/> maintains the authority to investigate complaints of discrimination (race, religion, sex, national origin, etc.) in the areas of employment, housing, public accommodations and hate violence, and the National Labor Relations Board (NLRB) <http://www.nlrb.gov/> investigates complaints of unfair labor practices by employers and unions.