BILL ANALYSIS
AB 2870
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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