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
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          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