California Waiver of Rights Law

In 2010, waivers of rights became a highly contentious legal issue in California. While waivers of rights can signify different things, the intense focus in 2010 was on those waivers legally available for use by California employers.

Types

In California, as in most states, legal definitions of a waiver of rights vary by context. One fundamental waiver is that of your Miranda Rights upon arrest. Another example is waiving the right to legal confidentiality of your adoption status or family members. A third case for such a waiver is upon employment, where you waive your right to legal recourse in certain areas as a part of the hiring process.

History

In August 2010, the California legislature passed an amendment which sought to remove employers' entitlement to waivers of rights as a stipulation for their employees. This move was especially targeted at discriminatory practices such as hate speech which employees had no legal means to confront upon signing the waiver. As of fall 2010, Governor Schwarzenegger vetoed the bill.

Significance

Proponents of the bill claimed the governor's actions further marginalized minority groups in the workplace. The primary concern for such advocates is how to best protect the civil rights of the state's workers while limiting the coercive mechanisms employers have to control or silence them.

References

• Yuba Net: Governor Vetoes Bill