California has enacted legislation (Assembly Bill 2282), which clarifies the state’s hate crimes law as it pertains to the workplace, and increases the potential penalties. It takes effect Jan. 1, 2023.
By way of background, existing law considers the symbol of the Nazi party (commonly referred to as a “swastika”), the noose, and the burning cross as hate symbols and criminalizes their use to terrorize others. However, state law has had different rules both in terms of punishment and the location in which these symbols are expressly prohibited. The purpose of Assembly Bill 2282 is to align the law in these areas.
For example, Assembly Bill 2282 makes clear that the display of these and other symbols is prohibited in the workplace if used for the purpose of terrorizing a person who works at or is otherwise associated with the workplace.
Note: The law states that the intent of the legislature isn’t to criminalize swastikas associated with Hinduism, Buddhism, and Jainism.
Assembly Bill 2282 also increases the penalty for a first conviction for violating the law to up to three years in county jail and/or a fine of up on $10,000 for a felony conviction and $5,000 for misdemeanor conviction. For subsequent convictions, the maximum fine increases to $15,000 for a felony and $10,000 for a misdemeanor.
- Review policies and procedures to ensure compliance.
- Train supervisors on how to respond to suspected violations.
Please contact your ADP service professional if you have any questions.