Existing law prohibits an employer or any other person from engaging in, or directing another person to engage in, an unfair immigration-related practice against a person for the purpose of, or with the intent of, retaliating against any person for exercising a right protected under state labor and employment laws or under a local ordinance applicable to employees, as specified.

This bill would expand the above-described provision to include preventing a person from exercising any right protected under those laws or ordinances.

Existing law defines “unfair immigration-related practice” for these purposes to include, among other things, threatening to file or filing a false police report. Existing law authorizes a civil action for equitable relief and damages or penalties, as specified, by an employee or other person who is the subject of an unfair immigration-related practice.

This bill would define “unfair immigration-related practice” to also include engaging in any other conduct, related to any person’s real or perceived immigration status, that would dissuade a reasonable person from engaging in conduct that the person has a legal right to engage in under local, state, or federal statute or regulation, or to induce a reasonable person to engage in conduct that the person has a legal right to abstain from under any local, state, or federal statute or regulation. The bill would make an employer who violates these provisions liable for a civil penalty not exceeding $10,000 per employee for each violation, as specified. The bill would also make related and conforming changes to these provisions.