BILL ANALYSIS AB 2870 Page 1 Date of Hearing: May 5, 2004 ASSEMBLY COMMITTEE ON APPROPRIATIONS Judy Chu, Chair AB 2870 (Mullin) - As Amended: April 12, 2004 Policy Committee: Labor and Employment Vote: 8-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill makes various changes to the Fair Employment and Housing Act (FEHA). Specifically, this bill: 1)Authorizes the Fair Employment and Housing Commission (FEHC) to conduct mediations at the request of the Department of Fair Employment and Housing (DFEH) at any time after a complaint is filed. 2)Provides that any money due a respondent by a state agency may be offset to satisfy a final order or decision of the FEHC. 3)Requires a reviewing court, when denying a petition for writ of mandate seeking review of an order or decision of the FEHC, to enter judgment denying the petition and enforcing the final order or decision. 4)Specifies that the FEHC is not liable for attorney's fees when exercising its adjudicatory functions 5)Makes additional technical and conforming changes to existing law. FISCAL EFFECT The DEFH estimates a minor, absorbable fiscal impact. COMMENTS Rationale . The FEHC and DFEH are separate entities in state government that together are responsible for the enforcing AB 2870 Page 2 several of California's civil rights laws, including FEHA, the Unruh Civil Rights Act, and the Ralph Civil Rights Act. This bill makes a number of amendments to FEHA, which are intended to clarify current law. Analysis Prepared by : Stephen Shea / APPR. / (916) 319-2081