BILL NUMBER: AB 1146	CHAPTERED
	BILL TEXT

	CHAPTER  294
	FILED WITH SECRETARY OF STATE  AUGUST 28, 2002
	APPROVED BY GOVERNOR  AUGUST 28, 2002
	PASSED THE ASSEMBLY  AUGUST 12, 2002
	PASSED THE SENATE  AUGUST 8, 2002
	AMENDED IN SENATE  APRIL 25, 2002
	AMENDED IN ASSEMBLY  JANUARY 28, 2002
	AMENDED IN ASSEMBLY  JANUARY 14, 2002
	AMENDED IN ASSEMBLY  MAY 3, 2001

INTRODUCED BY   Assembly Member Chan

                        FEBRUARY 23, 2001

   An act to amend Section 12965 of the Government Code, relating to
employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1146, Chan.  Fair Employment and Housing Act.
   Existing provisions of the Fair Employment and Housing Act require
that an individual wishing to pursue a civil action file suit within
one year of a right-to-sue notice from the Department of Fair
Employment and Housing.
   This bill, as specified, would toll the limitations period within
which the civil action must be filed, in cases where the Department
of Fair Employment and Housing has deferred its investigation of the
individual's complaint to the United States Equal Employment
Opportunity Commission or where after an investigation by the
Department of Fair Employment and Housing, the Equal Employment
Opportunity Commission agrees to perform a substantial weight review
of the determination of the department or conducts its own
investigation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12965 of the Government Code is amended to
read:
   12965.  (a) In the case of failure to eliminate an unlawful
practice under this part through conference, conciliation, or
persuasion, or in advance thereof if circumstances warrant, the
director in his or her discretion may cause to be issued in the name
of the department a written accusation.  The accusation shall contain
the name of the person, employer, labor organization, or employment
agency accused, which shall be known as the respondent, shall set
forth the nature of the charges, shall be served upon the respondent
together with a copy of the verified complaint, as amended, and shall
require the respondent to answer the charges at a hearing.
   For any complaint treated by the director as a group or class
complaint for purposes of investigation, conciliation, and accusation
pursuant to Section 12961, an accusation shall be issued, if at all,
within two years after the filing of the complaint.  For any
complaint alleging a violation of Section 51.7 of the Civil Code, an
accusation shall be issued, if at all, within two years after the
filing of the complaint.  For all other complaints, an accusation
shall be issued, if at all, within one year after the filing of a
complaint.  If the director determines, pursuant to Section 12961,
that a complaint investigated as a group or class complaint under
Section 12961 is to be treated as a group or class complaint for
purposes of conciliation and accusation as well, that determination
shall be made and shall be communicated in writing within one year
after the filing of the complaint to each person, employer, labor
organization, employment agency, or public entity alleged in the
complaint to have committed an unlawful practice.
   (b) If an accusation is not issued within 150 days after the
filing of a complaint, or if the department earlier determines that
no accusation will issue, the department shall promptly notify, in
writing, the person claiming to be aggrieved that the department
shall issue, on his or her request, the right-to-sue notice.  This
notice shall indicate that the person claiming to be aggrieved may
bring a civil action under this part against the person, employer,
labor organization, or employment agency named in the verified
complaint within one year from the date of that notice.  If the
person claiming to be aggrieved does not request a right-to-sue
notice, the department shall issue the notice upon completion of its
investigation, and not later than one year after the filing of the
complaint.  A city, county, or district attorney in a location having
an enforcement unit established on or before March 1, 1991, pursuant
to a local ordinance enacted for the purpose of prosecuting HIV/AIDS
discrimination claims, acting on behalf of any person claiming to be
aggrieved due to HIV/AIDS discrimination, may also bring a civil
action under this part against the person, employer, labor
organization, or employment agency named in the notice.  The superior
and municipal courts of the State of California shall have
jurisdiction of those actions, and the aggrieved person may file in
any of these courts.  Such an action may be brought in any county in
the state in which the unlawful practice is alleged to have been
committed, in the county in which the records relevant to the
practice are maintained and administered, or in the county in which
the aggrieved person would have worked or would have had access to
the public accommodation but for the alleged unlawful practice, but
if the defendant is not found within any of these counties, an action
may be brought within the county of the defendant's residence or
principal office.  A copy of any complaint filed pursuant to this
part shall be served on the principal offices of the department and
of the commission.  The remedy for failure to send a copy of a
complaint is an order to do so.  Those actions may not be filed as
class actions or may not be maintained as class actions by the person
or persons claiming to be aggrieved where those persons have filed a
civil class action in the federal courts alleging a comparable claim
of employment discrimination against the same defendant or
defendants.  In actions brought under this section, the court, in its
discretion, may award to the prevailing party reasonable attorney's
fees and costs, including expert witness fees, except where the
action is filed by a public agency or a public official, acting in an
official capacity.
   (c) (1) If an accusation includes a prayer either for damages for
emotional injuries as a component of actual damages, or for
administrative fines, or for both, or if an accusation is amended for
the purpose of adding a prayer either for damages for emotional
injuries as a component of actual damages, or for administrative
fines, or both, the respondent may within 30 days after service of
the accusation or amended accusation, elect to transfer the
proceedings to a court in lieu of a hearing pursuant to subdivision
(a) by serving a written notice to that effect on the department, the
commission, and the person claiming to be aggrieved.  The commission
shall prescribe the form and manner of giving written notice.
   (2) No later than 30 days after the completion of service of the
notice of election pursuant to paragraph (1), the department shall
dismiss the accusation and shall, either itself or, at its election,
through the Attorney General, file in the appropriate court an action
in its own name on behalf of the person claiming to be aggrieved as
the real party in interest.  In this action, the person claiming to
be aggrieved shall be the real party in interest and shall have the
right to participate as a party and be represented by his or her own
counsel.  Complaints filed pursuant to this section shall be filed in
the appropriate superior or municipal court in any county in which
unlawful practices are alleged to have been committed, in the county
in which records relevant to the alleged unlawful practices are
maintained and administered, or in the county in which the person
claiming to be aggrieved would have worked or would have had access
to public accommodation, but for the alleged unlawful practices.  If
the defendant is not found in any of these counties, the action may
be brought within the county of the defendant's residence or
principal office.  Those actions shall be assigned to the court's
delay reduction program, or otherwise given priority for disposition
by the court in which the action is filed.
   (3) A court may grant as relief in any action filed pursuant to
this subdivision any relief a court is empowered to grant in a civil
action brought pursuant to subdivision (b), in addition to any other
relief that, in the judgment of the court, will effectuate the
purpose of this part.  This relief may include a requirement that the
employer conduct training for all employees, supervisors, and
management on the requirements of this part, the rights and remedies
of those who allege a violation of this part, and the employer's
internal grievance procedures.
   (4) The department may amend an accusation to pray for either
damages for emotional injury or for administrative fines, or both,
provided that the amendment is made within 30 days of the issuance of
the original accusation.
   (d) (1) Notwithstanding subdivision (b), the one-year statute of
limitations, commencing from the date of the right-to-sue notice by
the Department of Fair Employment and Housing, to the person claiming
to be aggrieved, shall be tolled when all of the following
requirements have been met:
   (A) A charge of discrimination or harassment is timely filed
concurrently with the Equal Employment Opportunity Commission and the
Department of Fair Employment and Housing.
   (B) The investigation of the charge is deferred by the Department
of Fair Employment and Housing to the Equal Employment Opportunity
Commission.
   (C) A right-to-sue notice is issued to the person claiming to be
aggrieved upon deferral of the charge by the Department of Fair
Employment and Housing to the Equal Employment Opportunity
Commission.
   (2) The time for commencing an action for which the statute of
limitations is tolled under paragraph (1) expires when the federal
right-to-sue period to commence a civil action expires, or one year
from the date of the right-to-sue notice by the Department of Fair
Employment and Housing, whichever is later.
   (3) This subdivision is intended to codify the holding in Downs v.
  Department of Water and Power of City of Los Angeles (1997) 58
Cal.App.4th 1093.
   (e) (1) Notwithstanding subdivision (b), the one-year statute of
limitations, commencing from the date of the right-to-sue notice by
the Department of Fair Employment and Housing, to the person claiming
to be aggrieved, shall be tolled when all of the following
requirements have been met:
   (A) A charge of discrimination or harassment is timely filed
concurrently with the Equal Employment Opportunity Commission and the
Department of Fair Employment and Housing.
   (B) The investigation of the charge is deferred by the Equal
Employment Opportunity Commission to the Department of Fair
Employment and Housing.
   (C) After investigation and determination by the Department of
Fair Employment and Housing, the Equal Employment Opportunity
Commission agrees to perform a substantial weight review of the
determination of the Department or conducts its own investigation of
the claim filed by the aggrieved person.
   (2) The time for commencing an action for which the statute of
limitations is tolled under paragraph (1) shall expire when the
federal right-to-sue period to commence a civil action expires, or
one year from the date of the right-to-sue notice by the Department
of Fair Employment and Housing, whichever is later.