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Gov. Code, § 9149.40 · Article 12. Legislative Discriminatory Harassment Retaliation Prevention Act

Gov. Code, § 9149.40

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) A house of the Legislature shall not discharge, expel, or otherwise discriminate against a legislative advocate or a legislative employee because that person has opposed any practices forbidden under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3), opposed any practice actionable under Section 51 or 51.9 of the Civil Code, 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 shall not be considered an act to discharge, expel, or otherwise discriminate against a legislative advocate or a legislative employee for purposes of this subdivision.

(b) A violation of this section is subject to a fine not to exceed ten thousand dollars ($10,000).

(c) This article does not limit either of the following:

(1) The application of any other rights or remedies under federal or state law.

(2) The authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature.

(d) The civil fine imposed under this article is in addition to those provided by any other federal or state law, including Section 1102.5 of the Labor Code and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).

Notes and commentary — not statutory text

History

Added by Stats. 2018, Ch. 952, Sec. 2. (SB 419) Effective September 30, 2018.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=9149.40.
Text hash
sha256 b7ddca8436a96b5a7a241a6282a02cd151ed6af5767433c83352efeff44e17f9
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compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

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