BILL NUMBER: AB 2900	CHAPTERED
	BILL TEXT

	CHAPTER  788
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2004
	PASSED THE SENATE  AUGUST 16, 2004
	PASSED THE ASSEMBLY  MAY 17, 2004
	AMENDED IN ASSEMBLY  APRIL 1, 2004

INTRODUCED BY   Assembly Member Laird
   (Coauthors:  Assembly Members Dymally, Goldberg, Hancock, Kehoe,
Leno, Lieber, Longville, and Nation)
   (Coauthor:  Senator Kuehl)

                        FEBRUARY 20, 2004

   An act to amend Sections 44100, 44101, 44858, 45293, 69958, 87100,
and 88112 of the Education Code, to amend Sections 19572, 19572.1,
19702, 19704, and 19793 of the Government Code, to amend Sections
1156.3, 1735, 1777.6, and 3095 of the Labor Code, to amend Section
130 of the Military and Veterans Code, to amend Sections 25051,
28850, 30750, 50120, 70121, 90300, 95650, 98161, 100303, 101343,
102402, 103403, 120504, and 125523 of the Public Utilities Code, to
amend Section 1256.2 of the Unemployment Insurance Code, and to amend
Sections 11320.31, 11322.62, and 14087.28 of the Welfare and
Institutions Code, relating to employment discrimination.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2900, Laird.  Employment:  discrimination.

   Various provisions of existing law prohibit discrimination in
employment on different bases, including the race, color, sex,
religion, and marital status of a person.
   This bill would amend those provisions to instead prohibit
discrimination on the same bases as in the Fair Employment and
Housing Act.  Those bases are race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, or sexual orientation.
   Because existing law makes a violation of certain of those
nondiscrimination provisions a misdemeanor, this bill, by expanding
the bases on which discrimination is prohibited, would impose a
state-mandated local program.
   This bill would also make technical, nonsubstantive changes to
those provisions.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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


  SECTION 1.  Section 44100 of the Education Code is amended to read:

   44100.  (a) The Legislature finds and declares the following:
   (1) Generally, California school districts employ a
disproportionately low number of racial and ethnic minority
classified and certificated employees and a disproportionately low
number of women and members of racial and ethnic minorities in
administrative positions.
   (2) It is educationally sound for the minority student attending a
racially impacted school to have available to him or her the
positive image provided by minority classified and certificated
employees.  It is likewise educationally sound for the child from the
majority group to have positive experiences with minority people,
that can be provided, in part, by having minority classified and
certificated employees at schools where the enrollment is largely
made up of majority group students.  It is also educationally
important for students to observe that women as well as men can
assume responsible and diverse roles in society.
   (3) Past employment practices created artificial barriers and past
efforts to promote additional action in the recruitment, employment,
and promotion of women and minorities did not result in a
substantial increase in employment opportunities for these persons.
   (4) Lessons concerning democratic principles and the richness that
racial diversity brings to our national heritage can be best taught
by staffs composed of mixed races and ethnic groups working toward a
common goal.
   (b) It is the intent of the Legislature to do all of the
following:
   (1) Establish and maintain a policy of equal opportunity in
employment for all persons.
   (2) Prohibit discrimination on any basis listed in subdivision (a)
of Section 12940 of the Government Code, as those bases are defined
in Sections 12926 and 12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the Government Code, in every
aspect of personnel policy and practice in the employment,
development, advancement, and treatment of persons employed in the
public school system.
   (3) Promote the total realization of equal employment opportunity
through a continuing affirmative action employment program.
   (c) The Legislature recognizes that it is not enough to proclaim
that public employers do not discriminate in employment, but that
effort must also be made to build a community in which opportunity is
equalized.  It is the intent of the Legislature to require
educational agencies to adopt and implement plans for increasing the
numbers of women and minority persons at all levels of
responsibility.
  SEC. 2.  Section 44101 of the Education Code is amended to read:
   44101.  For the purposes of this article the following definitions
apply:
   (a) (1) "Affirmative action employment program" means planned
activities designed to seek, hire, and promote persons who are
underrepresented in the work force compared to their numbers in the
population, including individuals with disabilities, women, and
persons of minority racial and ethnic backgrounds.  It is a
conscious, deliberate step taken by a hiring authority to assure
equal employment opportunity for all staff, both certificated and
classified.  These programs require the employer to make additional
efforts to recruit, employ, and promote members of groups formerly
excluded at the various levels of responsibility who are qualified or
may become qualified through appropriate training or experience
within a reasonable length of time.  These programs should be
designed to remedy the exclusion, whatever its cause.
   (2) Affirmative action requires imaginative, energetic, and
sustained action by each employer to devise recruiting, training, and
career advancement opportunities that will result in an equitable
representation of women and minorities in relation to all employees
of the employer.
   (b) "Goals and timetables" means projected new levels of
employment of women and minority racial and ethnic groups to be
attained on an annual schedule, given the expected turnover in the
work force and the availability of persons who are qualified or may
become qualified through appropriate training or experience within a
reasonable length of time.  Goals are not quotas or rigid
proportions.  They should relate both to the qualitative and
quantitative needs of the employer.
   (c) "Public education agency" means the Department of Education,
each office of the county superintendent of schools, and the
governing board of each school district in California.
  SEC. 3.  Section 44858 of the Education Code is amended to read:
   44858.  The Legislature hereby declares that it is contrary to the
interest of this state and of the people of the state for any
governing board or any person charged by the governing board of any
school district with the responsibility of interviewing and
recommending persons for employment in positions requiring
certification, to fail or refuse to interview or recommend a person
applying for employment in a position requiring certification on any
basis listed in subdivision (a) of Section 12940 of the Government
Code, as those bases are defined in Sections 12926 and 12926.1 of the
Government Code, except as otherwise provided in this code and in
Section 12940 of the Government Code.
  SEC. 4.  Section 45293 of the Education Code is amended to read:
   45293.  No questions relating to political or religious opinions
or affiliations, or relating to any basis listed in subdivision (a)
of Section 12940 of the Government Code, as those bases are defined
in Sections 12926 and 12926.1 of the Government Code, shall be asked
of any applicant, or any candidate whose name has been certified for
appointment, nor shall any discrimination be exercised therefor,
except as otherwise provided in Section 12940 of the Government Code.

  SEC. 5.  Section 69958 of the Education Code is amended to read:
   69958.  (a) Potential work-study positions may be located by the
institution or by eligible students in cooperation with the
institution.  Each position located shall be critically reviewed by
the appropriate student financial aid and experiential education
personnel to determine whether it satisfies all the conditions
specified in Section 69960.  To assist the institution in assessing
the position, the employer shall submit a written statement to the
institution that provides all of the following information:
   (1) The total number of positions available.
   (2) A job description of each available position, including the
suggested rate of pay.
   (3) The skills required of the prospective work-study employee.
   (4) The educational benefits provided by the position.
   (b) Once the institution has approved the work-study position, the
employer and the institution, acting as the authorized agent of the
Student Aid Commission, shall execute a written agreement that
confirms the employer's eligibility to participate in the program and
its willingness to comply with all program requirements, and
specifies the responsibilities of each of the parties.  The agreement
shall be subject to annual renewal by mutual agreement of the
institution and the employer.
   (c) Following execution of the agreement pursuant to subdivision
(b), the employer may interview prospective work-study employees.
The institution shall provide the employer and each applicant for the
work-study position with adequate information to facilitate a proper
placement.  Provided that the priorities specified in Section 69959
have been met, the employer may indicate his or her hiring
preferences.  An employer shall not discriminate between applicants
on any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as otherwise provided in
Section 12940 of the Government Code, or subject any applicant to any
other discriminatory practices prohibited by state or federal law.

  SEC. 6.  Section 87100 of the Education Code is amended to read:
   87100.  (a) The Legislature finds and declares all of the
following:
   (1) In fulfilling its mission within California's system of public
higher education, the California Community Colleges are committed to
academic excellence and to providing all students with the
opportunity to succeed in their chosen educational pursuits.
   (2) Academic excellence can best be sustained in a climate of
acceptance and with the inclusion of persons from a wide variety of
backgrounds and preparations to provide service to an increasingly
diverse student population.
   (3) A work force that is continually responsive to the needs of a
diverse student population may be achieved by ensuring that all
persons receive an equal opportunity to compete for employment and
promotion within the community college districts and by eliminating
barriers to equal employment opportunity.
   (b) It is the intent of the Legislature to establish and maintain
within the California Community College districts a policy of equal
opportunity in employment for all persons, and to prohibit
discrimination or preferential treatment based on ethnic group
identification, or on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.  Every aspect of
personnel policy and practice in the community college districts
should advance the realization of inclusion through a continuing
program of equal employment opportunity.
   (c) The Legislature recognizes that it is not enough to proclaim
that community college districts must not discriminate and must not
grant preferential treatment on impermissible bases.  The Legislature
declares that efforts must also be made to build a community in
which nondiscrimination and equal opportunity are realized.  It is
the intent of the Legislature to require community college districts
to adopt and implement programs and plans for ensuring equal
employment opportunity in their employment practices.
  SEC. 7.  Section 88112 of the Education Code is amended to read:
   88112.  No questions relating to political or religious opinions
or affiliations, or any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, shall be asked of any
applicant, or any candidate whose name has been certified for
appointment, nor shall any discrimination be exercised therefor,
except as otherwise provided in Section 12940 of the Government Code.

  SEC. 8.  Section 19572 of the Government Code is amended to read:
   19572.  Each of the following constitutes cause for discipline of
an employee, or of a person whose name appears on any employment
list:
   (a) Fraud in securing appointment.
   (b) Incompetency.
   (c) Inefficiency.
   (d) Inexcusable neglect of duty.
   (e) Insubordination.
   (f) Dishonesty.
   (g) Drunkenness on duty.
   (h) Intemperance.
   (i) Addiction to the use of controlled substances.
   (j) Inexcusable absence without leave.
   (k) Conviction of a felony or conviction of a misdemeanor
involving moral turpitude.  A plea or verdict of guilty, or a
conviction following a plea of nolo contendere, to a charge of a
felony or any offense involving moral turpitude is deemed to be a
conviction within the meaning of this section.
   (l) Immorality.
   (m) Discourteous treatment of the public or other employees.
   (n) Improper political activity.
   (o) Willful disobedience.
   (p) Misuse of state property.
   (q) Violation of this part or of a board rule.
   (r) Violation of the prohibitions set forth in accordance with
Section 19990.
   (s) Refusal to take and subscribe any oath or affirmation that is
required by law in connection with the employment.
   (t) Other failure of good behavior either during or outside of
duty hours, which is of such a nature that it causes discredit to the
appointing authority or the person's employment.
   (u) Any negligence, recklessness, or intentional act that results
in the death of a patient of a state hospital serving the mentally
disabled or the developmentally disabled.
   (v) The use during duty hours, for training or target practice, of
any material that is not authorized for that use by the appointing
power.
   (w) Unlawful discrimination, including harassment, on any basis
listed in subdivision (a) of Section 12940, as those bases are
defined in Sections 12926 and 12926.1, except as otherwise provided
in Section 12940, against the public or other employees while acting
in the capacity of a state employee.
   (x) Unlawful retaliation against any other state officer or
employee or member of the public who in good faith reports,
discloses, divulges, or otherwise brings to the attention of, the
Attorney General or any other appropriate authority, any facts or
information relative to actual or suspected violation of any law of
this state or the United States occurring on the job or directly
related to the job.
  SEC. 9.  Section 19572.1 of the Government Code is amended to read:

   19572.1.  (a) Notwithstanding Section 19572, this section shall
apply to state employees in State Bargaining Unit 8.
   (b) Disciplinary actions pursuant to Section 19576.5 shall be for
just cause or one or more of the following causes for discipline:
   (1) Fraud in securing appointment.
   (2) Incompetency.
   (3) Inefficiency.
   (4) Inexcusable neglect of duty.
   (5) Insubordination.
   (6) Dishonesty.
   (7) Drunkenness on duty.
   (8) Intemperance.
   (9) Addiction to the use of controlled substances.
   (10) Inexcusable absence without leave.
   (11) Conviction of a felony or conviction of a misdemeanor
involving moral turpitude.  A plea or verdict of guilty, or a
conviction following a plea of nolo contendere, to a charge of a
felony of any offense involving moral turpitude is deemed to be a
conviction within the meaning of this section.
   (12) Immorality.
   (13) Discourteous treatment of the public or other employees.
   (14) Improper political activity.
   (15) Willful disobedience.
   (16) Misuse of state property.
   (17) Violation of this part or of a board rule.
   (18) Violation of the prohibitions set forth in accordance with
Section 19990.
   (19) Refusal to take and subscribe any oath or affirmation that is
required by law in connection with the employment.
   (20) Other failure of good behavior either during or outside of
duty hours that is of such a nature that it causes discredit to the
appointing authority of the person's employment.
   (21) Any negligence, recklessness, or intentional act that results
in the death of a patient of a state hospital serving the mentally
disabled or the developmentally disabled.
   (22) The use during duty hours, for training or target practice,
of any material that is not authorized for that use by the appointing
power.
   (23) Unlawful discrimination, including harassment, on any basis
listed in subdivision (a) of Section 12940, as those bases are
defined in Sections 12926 and 12926.1, except as otherwise provided
in Section 12940, against the public or other employees while acting
in the capacity of a state employee.
   (24) Unlawful retaliation against any other state officer or
employee or member of the public who in good faith reports,
discloses, divulges, or otherwise brings to the attention of, the
Attorney General or any other appropriate authority, any facts or
information relative to actual or suspected violation of any law of
this state or the United States occurring on the job or directly
related to the job.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if any provision of
that memorandum of understanding requires the expenditure of funds,
that provision shall become effective only if approved by the
Legislature in the annual Budget Act.
  SEC. 10.  Section 19702 of the Government Code is amended to read:

   19702.  (a) A person shall not be discriminated against under this
part on any basis listed in subdivision (a) of Section 12940, as
those bases are defined in Sections 12926 and 12926.1, except as
otherwise provided in Section 12940.  A person shall not be
retaliated against because he or she has opposed any practice made an
unlawful employment practice, or made a charge, testified, assisted,
or participated in any manner in an investigation, proceeding, or
hearing under this part.  This subdivision is declaratory of existing
law.
   (b) For purposes of this article, "discrimination" includes
harassment.
   (c) If the board finds that a person has engaged in discrimination
under this part, and it appears that this practice consisted of acts
described in Section 243.4, 261, 262, 286, 288, 288a, or 289 of the
Penal Code, the board, with the consent of the complainant, shall
provide the local district attorney's office with a copy of the board'
s decision and order.
   (d) (1) Except as otherwise provided in paragraph (2), if the
board finds that discrimination has occurred in violation of this
part, the board shall issue and cause to be served on the appointing
authority an order requiring the appointing authority to cause the
discrimination to cease and desist and to take any action, including,
but not limited to, hiring, reinstatement, or upgrading of
employees, with or without backpay, and compensatory damages, which,
in the judgment of the board, will effectuate the purposes of this
part.  Consistent with this authority, the board may establish rules
governing the award of compensatory damages.  The order shall include
a requirement of reporting the manner of compliance.
   (2) Notwithstanding paragraph (1), this paragraph applies to state
employees in State Bargaining Unit 6 or 8.  If the board finds that
discrimination has occurred in violation of this part, the board
shall issue and cause to be served on the appointing authority an
order requiring the appointing authority to cause the discrimination
to cease and desist and to take any action, including, but not
limited to, hiring, reinstatement, or upgrading of employees, with or
without backpay, adding additional seniority, and compensatory
damages, which, in the judgment of the board, will effectuate the
purposes of this part.  Consistent with this authority, the board may
establish rules governing the award of compensatory damages.  The
order shall include a requirement of reporting the manner of
compliance.
   (e) Any person claiming discrimination within the state civil
service may submit a written complaint that states the particulars of
the alleged discrimination, the name of the appointing authority,
the persons alleged to have committed the unlawful discrimination,
and any other information that the board may require.  The complaint
shall be filed with the appointing authority or, in accordance with
board rules, with the board itself.
   (f) (1) Complaints shall be filed within one year of the alleged
unlawful discrimination or the refusal to act in accordance with this
section, except that this period may be extended for not greater
than 90 days following the expiration of that year, if a person
allegedly aggrieved by unlawful discrimination first obtained
knowledge of the facts of the alleged unlawful discrimination after
the expiration of one year from the date of its occurrence.
Complaints of discrimination in adverse actions or rejections on
probation shall be filed in accordance with Sections 19175 and 19575.

   (2) Notwithstanding paragraph (1), this paragraph shall apply only
to state employees in State Bargaining Unit 8.  Complaints shall be
filed within one year of the alleged unlawful discrimination or the
refusal to act in accordance with this section, except that this
period may be extended for not greater than 90 days following the
expiration of that year, if a person allegedly aggrieved by unlawful
discrimination first obtained knowledge of the facts of the alleged
unlawful discrimination after the expiration of one year from the
date of its occurrence.  Complaints of discrimination in disciplinary
actions defined in Section 19576.5 shall be filed in accordance with
that section.  Complaints of discrimination in all other
disciplinary actions shall be filed in accordance with Section 19575.
  Complaints of discrimination in rejections on probation shall be
filed in accordance with Section 19175.3.
   (g) If an employee of the appointing authority refuses, or
threatens to refuse, to cooperate in the investigation of a complaint
of discrimination, the appointing authority may seek assistance from
the board.  The board may provide for direct investigation or
hearing of the complaint, the use of subpoenas, or any other action
that will effectuate the purposes of this section.
   (h) If a person demonstrates by a preponderance of evidence that
the person's opposition to any practice made an unlawful employment
practice under this part, or the person's charging, testifying,
assisting, or participation in any manner in an investigation,
proceeding, or hearing under this part, was a contributing factor in
any adverse employment action taken against him or her, the burden of
proof shall be on the supervisor, manager, employee, or appointing
power to demonstrate by clear and convincing evidence that the
alleged adverse employment action would have occurred for legitimate,
independent reasons even if the person had not engaged in activities
protected under this part.  If the supervisor, manager, employee, or
appointing power fails to meet this burden of proof in any
administrative review, challenge, or adjudication in which
retaliation has been demonstrated to be a contributing factor, the
person shall have a complete affirmative defense to the adverse
employment action.
   (i) As used in this part, "adverse employment action" includes
promising to confer, or conferring, any benefit, effecting, or
threatening to effect, any reprisal, or taking, or directing others
to take, or recommending, processing, or approving, any personnel
action, including, but not limited to, appointment, promotion,
transfer, assignment, performance evaluation, suspension, or other
disciplinary action.
  SEC. 11.  Section 19704 of the Government Code is amended to read:

   19704.  (a) It is unlawful to require, permit, or suffer any
notation or entry to be made upon or in any application, examination
paper, or other paper, book, document, or record used under this part
indicating or in any way suggesting or pertaining to any basis
listed in subdivision (a) of Section 12940, as those bases are
defined in Sections 12926 and 12926.1.
   (b) Notwithstanding subdivision (a), subsequent to employment,
ethnic, marital status, and gender data may be obtained and
maintained for research and statistical purposes when safeguards
preventing misuse of the information exist as approved by the Fair
Employment and Housing Commission, except that in no event shall any
notation, entry, or record of that data be made on papers or records
relating to the examination, appointment, or promotion of an
individual.
  SEC. 12.  Section 19793 of the Government Code is amended to read:

   19793.  By November 15 of each year, beginning in 1978, the State
Personnel Board shall report to the Governor, the Legislature, and
the Department of Finance on a census of the state workforce and any
underutilization problems in a state agency or department that may
indicate failure to provide equal employment opportunity to
minorities, women, and persons with disabilities during the past
fiscal year.  The report also shall include information on laws that
discriminate or have the effect of discrimination on the basis of
political affiliation or any basis listed in subdivision (a) of
Section 12940, as those bases are defined in Sections 12926 and
12926.1.  The Legislature shall evaluate the equal employment
opportunity efforts of state agencies during its evaluation of the
Budget Bill.
  SEC. 13.  Section 1156.3 of the Labor Code is amended to read:
   1156.3.  (a) A petition that is either signed by, or accompanied
by authorization cards signed by, a majority of the currently
employed employees in the bargaining unit, may be filed by an
agricultural employee or group of agricultural employees, or any
individual or labor organization acting on behalf of those
agricultural employees, in accordance with any rules and regulations
prescribed by the board.  The petition shall allege all of the
following:
   (1) That the number of agricultural employees currently employed
by the employer named in the petition, as determined from the
employer's payroll immediately preceding the filing of the petition,
is not less than 50 percent of the employer's peak agricultural
employment for the current calendar year.
   (2) That no valid election pursuant to this section has been
conducted among the agricultural employees of the employer named in
the petition within the 12 months immediately preceding the filing of
the petition.
   (3) That no labor organization is currently certified as the
exclusive collective-bargaining representative of the agricultural
employees of the employer named in the petition.
   (4) That the petition is not barred by an existing
collective-bargaining agreement.
   (b) Upon receipt of a signed petition, as described in subdivision
(a), the board shall immediately investigate the petition.  If the
board has reasonable cause to believe that a bona fide question of
representation exists, it shall direct a representation election by
secret ballot to be held, upon due notice to all interested parties
and within a maximum of seven days of the filing of the petition.
If, at the time the election petition is filed, a majority of the
employees in a bargaining unit are engaged in a strike, the board
shall, with all due diligence, attempt to hold a secret ballot
election within 48 hours of the filing of the petition.  The holding
of elections under strike circumstances shall take precedence over
the holding of other secret ballot elections.
   (c) The board shall make available at any election held under this
chapter ballots printed in English and Spanish.  The board may also
make available at the election ballots printed in any other language
as may be requested by an agricultural labor organization or any
agricultural employee eligible to vote under this part.
                                 Every election ballot, except
ballots in runoff elections where the choice is between labor
organizations, shall provide the employee with the opportunity to
vote against representation by a labor organization by providing an
appropriate space designated "No Labor Organizations."
   (d) Any other labor organization shall be qualified to appear on
the ballot if it presents authorization cards signed by at least 20
percent of the employees in the bargaining unit at least 24 hours
prior to the election.
   (e) (1) Within five days after an election, any person may file
with the board a signed petition asserting that allegations made in
the petition filed pursuant to subdivision (a) were incorrect,
asserting that the board improperly determined the geographical scope
of the bargaining unit, or objecting to the conduct of the election
or conduct affecting the results of the election.
   (2) Upon receipt of a petition under this subdivision, the board,
upon due notice, shall conduct a hearing to determine whether the
election shall be certified.  This hearing may be conducted by an
officer or employee of a regional office of the board.  The officer
may not make any recommendations with respect to the certification of
the election.  The board may refuse to certify the election if it
finds, on the record of the hearing, that any of the assertions made
in the petition filed pursuant to this subdivision are correct, that
the election was not conducted properly, or that misconduct affecting
the results of the election occurred.  The board shall certify the
election unless it determines that there are sufficient grounds to
refuse to do so.
   (f) If no petition is filed pursuant to subdivision (e) within
five days of the election, the board shall certify the election.
   (g) The board shall decertify a labor organization if either of
the following occur:
   (1) The Department of Fair Employment and Housing finds that the
labor organization engaged in discrimination on any basis listed in
subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government
Code, except as otherwise provided in Section 12940 of the Government
Code.
   (2) The United States Equal Employment Opportunity Commission
finds, pursuant to Section 2000e-5 of Title 42 of the United States
Code, that the labor organization engaged in discrimination on the
basis of race, color, national origin, religion, sex, or any other
arbitrary or invidious classification in violation of Subchapter VI
of Chapter 21 of Title 42 of the United States Code during the period
of the labor organization's present certification.
  SEC. 14.  Section 1735 of the Labor Code is amended to read:
   1735.  A contractor shall not discriminate in the employment of
persons upon public works on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the Government Code.  Every
contractor for public works who violates this section is subject to
all the penalties imposed for a violation of this chapter.
  SEC. 15.  Section 1777.6 of the Labor Code is amended to read:
   1777.6.  An employer or a labor union shall not refuse to accept
otherwise qualified employees as registered apprentices on any public
works on any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as provided in Section 3077 of
this code and Section 12940 of the Government Code.
  SEC. 16.  Section 3095 of the Labor Code is amended to read:
   3095.  Every person who willfully discriminates in any recruitment
or apprenticeship program on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the Government Code, is guilty
of a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000) or by imprisonment for not more than six months, or
both.
  SEC. 17.  Section 130 of the Military and Veterans Code is amended
to read:
   130.  (a) Members of the militia of the state shall not be
discriminated against in enlistments, promotions, or commissions on
any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as otherwise provided in
Section 12940 of the Government Code.
   (b) It is hereby declared to be the policy of the State of
California that there be equality of treatment and opportunity for
all members of the militia of the state without regard to any basis
listed in subdivision (a) of Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and 12926.1 of the
Government Code.  This policy shall be put into effect in the militia
by rules and regulations to be issued by the Governor with due
regard to the powers of the federal government that are, or may be,
exercised over all the militia of the state with regard to positions
requiring federal recognition.
  SEC. 18.  Section 25051 of the Public Utilities Code is amended to
read:
   25051.  (a) If a majority of the employees employed by a transit
district in a unit appropriate for collective bargaining indicate a
desire to be represented by a labor organization, the transit board,
after determining pursuant to Section 25052 that the labor
organization represents the employees in the appropriate unit, shall
bargain with the accredited representative of those employees.  Both
parties shall bargain in good faith and make all reasonable efforts
to reach agreement on the terms of a written contract governing
wages, salaries, hours, working conditions, and grievance procedures.

   (1) If a dispute arises over the terms of a written contract
governing wages, salaries, hours, or working conditions that is not
resolved by negotiations conducted in good faith between the transit
board and the representatives of the employees, then upon the
agreement of both parties, the transit board and the representatives
of the employees may submit the dispute to an arbitration board.  The
decision of a majority of the arbitration board shall be final.
   (2) (A) The arbitration board shall be composed of two
representatives of the transit board, two representatives of the
labor organization, and a fifth member to be agreed upon by the
representatives of the transit board and labor organization.
   (B) If the representatives of the transit board and labor
organization are unable to agree on the fifth member, then the names
of five persons experienced in labor arbitration shall be obtained
from the California State Mediation and Conciliation Service within
the Department of Industrial Relations.  The labor organization and
the transit district shall, alternately, strike a name from the list
supplied by the California State Mediation and Conciliation Service.
The labor organization and the transit district shall determine by
lot who shall first strike a name from the list. After the labor
organization and the transit district have stricken four names, the
name remaining shall be designated as the arbitrator.
   (C) The transit board and the labor organization shall each pay
half of the cost of the impartial arbitrator.
   (b) A contract or agreement shall not be made with any labor
organization, association, group, or individual that denies
membership on any basis listed in subdivision (a) of Section 12940 of
the Government Code, as those bases are defined in Sections 12926
and 12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (c) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 19.  Section 28850 of the Public Utilities Code is amended to
read:
   28850.  (a) If a majority of the employees employed by a district
in a unit appropriate for collective bargaining indicate a desire to
be represented by a labor organization, then the board, after
determining pursuant to Section 28851 that the labor organization
represents the employees in the appropriate unit, shall bargain with
the accredited representative of those employees.  Both parties shall
bargain in good faith and make all reasonable efforts to reach
agreement on the terms of a written contract governing wages,
salaries, hours, working conditions, and grievance procedures.
   (1) If a dispute arises over the terms of a written contract
governing wages, salaries, hours, or working conditions that is not
resolved by negotiations conducted in good faith between the board
and the representatives of the employees, then upon the agreement of
both parties, the board and the representatives of the employees may
submit the dispute to an arbitration board.  The decision of a
majority of the arbitration board shall be final.
   (2) (A) The arbitration board shall be composed of two
representatives of the district, two representatives of the labor
organization, and a fifth member to be agreed upon by the
representatives of the district and the labor organization.
   (B) If the representatives of the district and the labor
organization are unable to agree on the fifth member, then the names
of five persons experienced in labor arbitration shall be obtained
from the California State Mediation and Conciliation Service within
the Department of Industrial Relations.  The labor organization and
the district shall, alternately, strike a name from the list supplied
by the California State Mediation and Conciliation Service.  The
labor organization and the district shall determine by lot who shall
first strike a name from the list.  After the labor organization and
the district have stricken four names, the name remaining shall be
designated as the arbitrator.
   (C) The transit board and the labor organization shall each pay
half of the cost of the impartial arbitrator.
   (b) A contract or agreement shall not be made with any labor
organization, association, group, or individual that denies
membership on any basis listed in subdivision (a) of Section 12940 of
the Government Code, as those bases are defined in Sections 12926
and 12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (c) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 20.  Section 30750 of the Public Utilities Code is amended to
read:
   30750.  (a) Subject to subdivision (b), if a majority of the
employees employed by a district in a unit appropriate for collective
bargaining indicate a desire to be represented by a labor
organization, then the board, after determining pursuant to Section
30751 that the labor organization represents the employees in the
appropriate unit, shall bargain with the accredited representative of
those employees.  Both parties shall bargain in good faith and make
all reasonable efforts to reach agreement on the terms of a written
contract governing wages, hours, and working conditions.  In the
absence of the expression of the desire to be represented by a labor
organization, employees are subject to any personnel system
established pursuant to Section 30257.
   (b) Upon the acquisition by the district of the property of the
Los Angeles Metropolitan Transit Authority pursuant to Chapter 8
(commencing with Section 31000), the district shall assume and
observe all existing labor contracts and shall recognize the labor
organization certified to represent the employees in each existing
bargaining unit as the sole representative of the employees in each
of those bargaining units.  Any certification of a labor organization
previously made by the California State Mediation and Conciliation
Service under the provisions of the Los Angeles Metropolitan Transit
Authority Act of 1957 to represent or act for the employees in any
collective bargaining unit shall remain in full force and effect and
shall be binding upon the district.  Those certifications and any
certifications made under this subdivision shall not be subject to
challenge on the grounds that a new substantial question of
representation within  the collective bargaining unit exists until
the lapse of one year from the date of certification or the
expiration of any collective bargaining agreement, whichever is
later; provided, that no collective bargaining agreement shall be
construed to be a bar to representation proceedings for a period of
more than two years.
   (c) The obligation of the district to bargain in good faith with a
duly designated or certified labor organization and to execute a
written collective bargaining agreement with that labor organization
covering the wages, hours, and working conditions of the employees
represented by that labor organization in an appropriate unit, and to
comply with the terms of that collective bargaining agreement, shall
not be limited or restricted by any other provision of law.  The
obligation of the district to bargain collectively shall extend to
all subjects of collective bargaining, including, but not limited to,
retroactive pay increases.  Notwithstanding any other provision of
law, the district shall make deductions from the wages and salaries
of its employees, upon receipt of authorization to make those
deductions, for the payment of union dues, fees, or assessments, for
the payment of contributions pursuant to any health and welfare plan
or pension plan, or for any other purpose for which deductions may be
authorized by employees where the deductions are pursuant to a
collective bargaining agreement with a duly designated or certified
labor organization.
   (d) (1) If a dispute arises over wages, hours, or working
conditions that is not resolved by negotiations conducted in good
faith between the board and the representatives of the employees,
then upon the agreement of both parties, the board and the
representative of the employees may submit the dispute to an
arbitration board.  The decision of a majority of the arbitration
board shall be final and binding.
   (2) (A) The arbitration board shall be composed of two
representatives of the district, two representatives of the labor
organization, and a fifth member to be agreed upon by the
representatives of the district and labor organization.
   (B) If the representatives of the district and labor organization
are unable to agree on the fifth member, then the names of five
persons experienced in labor arbitration shall be obtained from the
California State Mediation and Conciliation Service within the
Department of Industrial Relations.  The labor organization and the
district shall, alternately, strike a name from the list supplied by
the California State Mediation and Conciliation Service.  The labor
organization and the district shall determine by lot who shall first
strike a name from the list.  After the labor organization and the
district have stricken four names, the name remaining shall be
designated as the arbitrator.  The decision of a majority of the
arbitration board shall be final and binding upon the parties.
   (C) The district and the labor organization shall each pay half of
the cost of the impartial arbitrator.
   (e) A contract or agreement shall not be made with any labor
organization, association, group, or individual that denies
membership on any basis listed in subdivision (a) of Section 12940 of
the Government Code, as those bases are defined in Sections 12926
and 12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (f) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 21.  Section 50120 of the Public Utilities Code is amended to
read:
   50120.  (a) If a majority of the employees employed by a transit
district in a unit appropriate for collective bargaining indicate a
desire to be represented by a labor organization, then the board,
after determining pursuant to Section 50121 that the labor
organization represents the employees in the appropriate unit, shall
bargain with the accredited representative of those employees.  Both
parties shall bargain in good faith and make all reasonable efforts
to reach agreement on the terms of a written contract governing
wages, salaries, hours, working conditions, and grievance procedures.

   (b) (1) If a dispute arises over the terms of a written contract
governing wages, salaries, hours, or working conditions that is not
resolved by negotiations conducted in good faith between the board
and the representatives of the employees, then the board and the
representatives of the employees shall submit the dispute to an
arbitration board.  The decision of a majority of the arbitration
board shall be final.
   (2) (A) The arbitration board shall be composed of two
representatives of the transit board, two representatives of the
labor organization, and a fifth member to be agreed upon by the
representatives of the transit board and labor organization.
   (B) If the representatives of the transit board and labor
organization are unable to agree on the fifth member, then the names
of five persons experienced in labor arbitration shall be obtained
from the California State Mediation and Conciliation Service within
the Department of Industrial Relations.  The labor organization and
the district shall, alternately, strike a name from the list supplied
by the California State Mediation and Conciliation Service.  The
labor organization and the district shall determine by lot who shall
first strike a name from the list.  After the labor organization and
the transit district have stricken four names, the name remaining
shall be designated as the arbitrator.
   (C) The transit board and the labor organization shall each pay
half of the cost of the impartial arbitrator.
   (c) A contract or agreement shall not be made with any labor
organization, association, group, or individual that denies
membership on any basis listed in subdivision (a) of Section 12940 of
the Government Code, as those bases are defined in Sections 12926
and 12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (d) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 22.  Section 70121 of the Public Utilities Code is amended to
read:
   70121.  (a) A contract or agreement shall not be made, or assumed,
with any labor organization, association, group, or individual that
denies membership to, or in any manner discriminates against, any
employee on any basis listed in subdivision (a) of Section 12940 of
the Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (b) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 23.  Section 90300 of the Public Utilities Code is amended to
read:
   90300.  (a) Employees have the right to self-organize, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in other
concerted activities for the purpose of collective bargaining or
other mutual aid or protection.  It is declared to be in the public
interest that the district not express any preference for one union
over another.
   (1) (A) Notwithstanding any other provision of this act, if a
majority of the employees employed by a district in a unit
appropriate for collective bargaining indicate a desire to be
represented by a labor organization, then the district, after
determining pursuant to subdivision (f) that the labor organization
represents the employees in the appropriate unit, shall enter into a
written contract with the accredited representative of those
employees governing wages, salaries, hours, and working conditions.
   (B) (i) If a dispute arises over wages, salaries, hours, or
working conditions that is not resolved by negotiations conducted in
good faith between the district and the labor organization, then upon
the request of either party, the district and the labor organization
may submit the dispute to an arbitration board.  The decision of a
majority of the arbitration board shall be final.
   (ii) The arbitration board shall be composed of two
representatives of the district, two representatives of the labor
organization, and a fifth member to be agreed upon by the
representatives of the district and labor organization.
   (iii) If the representatives of the district and labor
organization are unable to agree on the fifth member, then the names
of five persons experienced in labor arbitration shall be obtained
from the California State Mediation and Conciliation Service within
the Department of Industrial Relations.  The labor organization and
the district shall, alternately, strike a name from the list supplied
by the California State Mediation and Conciliation Service.  The
labor organization and the district shall determine by lot who shall
first strike a name from the list.  After the labor organization and
the district have stricken four names, the name remaining shall be
designated as the arbitrator.  The decision of a majority of the
arbitration board shall be final and binding upon the parties.
   (iv) The expenses of arbitration shall be borne equally by the
parties. Each party shall bear the party's own costs.
   (b) If the board and the representatives of the employees do not
agree to submit the dispute to an arbitration board as provided in
subdivision (a), either party may notify the California State
Mediation and Conciliation Service that a dispute exists and that
there is no agreement to arbitrate. The California State Mediation
and Conciliation Service shall determine whether or not the dispute
can be resolved by the parties and, if not, the issues that are the
subject of the dispute.  After making its determination, the service
shall certify its findings to the Governor who shall, within 10 days
of receipt of certification, appoint a factfinding commission
consisting of three persons.  The factfinding commission shall
immediately convene and investigate the issues involved in the
dispute.  The commission shall report to the Governor within 30 days
of the date of its creation.
   (c) After the creation of the commission and for 30 days after the
date the commission made its report to the Governor, the parties to
the controversy shall not make any change, except by mutual
agreement, in the conditions out of which the dispute arose.  Service
to the public shall be provided during that time.
   (d) A contract or agreement shall not be made, or assumed, with
any labor organization, association, group, or individual that denies
membership to, or in any manner discriminates against, any employee
on any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code.  However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (e) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
   (f) (1) Any questions regarding whether a labor organization
represents a majority of employees or whether the proposed unit is or
is not appropriate, shall be submitted to the California State
Mediation and Conciliation Service for disposition.  The California
State Mediation and Conciliation Service shall promptly hold a public
hearing after due notice to all interested parties to determine the
unit appropriate for the purposes of collective bargaining.  In
making that determination and in establishing rules and regulations
governing petitions  and the conduct of hearings and elections, the
California State Mediation and Conciliation Service shall be guided
by relevant federal law and administrative practice, developed under
the Labor-Management Relations Act of 1947 (29 U.S.C. Sec. 141 et
seq.).
   (2) The California State Mediation and Conciliation Service shall
provide for an election to determine the question of representation
and shall certify the results to the parties.  A certification of a
labor organization to represent or act for the employees in any
collective bargaining unit shall not be subject to challenge on the
grounds that a new substantial question of representation within the
collective bargaining unit exists until the lapse of one year from
the date of certification or the expiration of any collective
bargaining agreement, whichever is later. However, no collective
bargaining agreement shall be construed to be a bar to representation
proceedings for a period of more than two years.
   (g) If the district acquires existing facilities from a publicly
or privately owned public utility, either in proceedings by eminent
domain or                                                  otherwise,
the district shall assume and observe all existing labor contracts.

   (1) To the extent necessary for operation of facilities, all of
the employees of the acquired public utility whose duties pertain to
the facilities acquired shall be appointed to comparable positions in
the district without examination, subject to all the rights and
benefits of this act. Those employees shall be given sick leave,
seniority, vacation, and pension credits in accordance with the
records and labor agreements of the acquired public utility.
   (2) Members and beneficiaries of any pension or retirement system,
or other benefits established by the public utility, shall continue
to have the rights, privileges, benefits, obligations, and status
with respect to the established system.  No employee of any acquired
public utility may be subject to a reduction in wages, seniority,
pension, vacation, or other benefits as a result of the acquisition.

   (3) The district may extend the benefits of this section to
officers or supervisory employees of the acquired utility.
   (h) The district shall not do any of the following:
   (1) Acquire any existing system or part of an existing system,
whether by purchase, lease, condemnation, or otherwise.
   (2) Dispose of or lease any transit system or part of the transit
system.
   (3) Merge, consolidate, or coordinate any transit system or part
of the transit system.
   (4) Reduce or limit the lines or service of any existing system or
of the district's system unless the district has first made adequate
provision for any employees who are or may be displaced.  The terms
and conditions of that provision shall be a proper subject of
collective bargaining.
   (i) Notwithstanding any provision of the Government Code, the
district may make deductions from the wages and salaries of its
employees who authorize the deductions for the following purposes:
   (1) Pursuant to a collective bargaining agreement with a duly
designated or certified labor organization, for the payment of union
dues, fees, or assessments.
   (2) For the payment of contributions pursuant to any health and
welfare plan, or pension or retirement plan.
   (3) For any purpose for which employees of any private employer
may authorize deductions.
   (j) (1) The obligation of the district to bargain in good faith
with a duly designated or certified labor organization and to execute
a written collective bargaining agreement with that labor
organization covering the wages, hours, and working conditions of the
employees represented by that labor organization in an appropriate
unit, and to comply with the terms of the collective bargaining
agreement, shall not be limited or restricted by any provision of
law.  The obligation of the district to bargain collectively shall
extend to all subjects of collective bargaining that are or may be
proper subjects of collective bargaining with a private employer,
including retroactive provisions.
   (2) Notwithstanding any other provision of law, the district shall
make deductions from the wages and salaries of its employees, upon
receipt of authorization to make those deductions, for the payment of
union dues, fees, or assessments, for the payment of contributions
pursuant to any health and welfare plan or pension plan, or for any
other purpose for which employees of any private employer may
authorize deductions, where those deductions are pursuant to a
collective bargaining agreement with a duly designated or certified
labor organization.
   (k) The district may provide for a retirement system, provided
that the adoption, terms, and conditions of any retirement system
covering employees of the district represented by a labor
organization in accordance with this section shall be pursuant to a
collective bargaining agreement between the or organization and the
district.
   (l) The district shall take any steps that may be necessary to
obtain coverage for the district and its employees under Title II of
the Federal Social Security Act (42 U.S.C. Sec. 401 et seq.), and the
related provisions of the Federal Insurance Contributions Act (26
U.S.C. Sec. 3101 et seq.).
   (m) The district shall take any steps that may be necessary to
obtain coverage for the district and its employees under the workers'
compensation (Division 4 (commencing with Section 3200) and Division
4.5 (commencing with Section 6100) of the Labor Code), unemployment
compensation disability (Part 2 (commencing with Section 2691) of
Division 1 of the Unemployment Insurance Code), and unemployment
insurance (Part 1 (commencing with Section 100) of Division 1 of the
Unemployment Insurance Code) laws of the State of California.
  SEC. 24.  Section 95650 of the Public Utilities Code is amended to
read:
   95650.  (a) If a majority of the employees employed by a transit
district in a unit appropriate for collective bargaining indicate a
desire to be represented by a labor organization, then the board
after determining pursuant to Section 95651 that the labor
organization represents the employees in the appropriate unit, shall
bargain with the accredited representative of those employees.  Both
parties shall bargain in good faith and make all reasonable efforts
to reach agreement on the terms of a written contract governing
wages, salaries, hours, working conditions, and grievance procedures.

   (1) If a dispute arises over the terms of a written contract
governing wages, salaries, hours, or working conditions that is not
resolved by negotiations conducted in good faith between the board
and the representatives of the employees, then the board and the
representatives of the employees shall submit the dispute to an
arbitration board.  The decision of a majority of the arbitration
board shall be final.
   (2) (A) The arbitration board shall be composed of two
representatives of the transit board, two representatives of the
labor organization, and a fifth member to be agreed upon by the
representatives of the transit board and labor organization.  If the
representatives of the transit board and labor organization are
unable to agree on the fifth member, then the names of five persons
experienced in labor arbitration shall be obtained from the
California State Mediation and Conciliation Service within the
Department of Industrial Relations.
   (B) The labor organization and the district shall, alternately,
strike a name from the list supplied by the California State
Mediation and Conciliation Service.  The labor organization and the
district shall determine by lot who shall first strike a name from
the list.  After the labor organization and the district have
stricken four names, the name remaining shall be designated as the
arbitrator.
   (C) The transit board and labor organization shall each pay half
of the cost of the impartial arbitrator.
   (c) A contract or agreement shall not be made with any labor
organization, association, group, or individual that denies
membership on any basis listed in subdivision (a) of Section 12940 of
the Government Code, as those bases are defined in Sections 12926
and 12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (d) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 25.  Section 98161 of the Public Utilities Code is amended to
read:
   98161.  All citizens shall have equal opportunity to obtain and
hold employment, and to advance in that employment, without
discrimination on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 26.  Section 100303 of the Public Utilities Code is amended to
read:
   100303.  (a) A contract or agreement shall not be made with any
labor organization, association, group, or individual that denies
membership on any basis listed in subdivision (a) of Section 12940 of
the Government Code, as those bases are defined in Sections 12926
and 12926.1 of the Government Code.  However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (b) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 27.  Section 101343 of the Public Utilities Code is amended to
read:
   101343.  (a) A contract or agreement shall not be made, or assumed
under this part, with any labor organization, association, or group
that denies membership to, or in any manner discriminates against,
any employee on any basis listed in subdivision (a) of Section 12940
of the Government Code, as those bases are defined in Sections 12926
and 12926.1 of the Government Code.  However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (b) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 28.  Section 102402 of the Public Utilities Code is amended to
read:
   102402.  (a) A contract or agreement shall not be made, or assumed
under this article, with any labor organization, association, or
group that denies membership to, or in any manner discriminates
against, any employee on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code.  However, the
organization may preclude from membership any individual who
advocates the overthrow of the government by force or violence.
   (b) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 29.  Section 103403 of the Public Utilities Code is amended to
read:
   103403.  (a) A contract or agreement shall not be made with any
labor organization, association, or group that denies membership on
any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (b) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 30.  Section 120504 of the Public Utilities Code is amended to
read:
   120504.  (a) A contract or agreement shall not be made with any
labor organization, association, or group that denies membership to,
or in any manner discriminates against, any employee on any basis
listed in subdivision (a) of Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and 12926.1 of the
Government Code.
   (b)  The board shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 31.  Section 125523 of the Public Utilities Code is amended to
read:
   125523.  (a) A contract or agreement shall not be made with any
labor organization, association, or group that denies membership on
any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code. However, the organization may
preclude from membership any individual who advocates the overthrow
of the government by force or violence.
   (b) The district shall not discriminate with regard to employment
against any person on any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, except as otherwise
provided in Section 12940 of the Government Code.
  SEC. 32.  Section 1256.2 of the Unemployment Insurance Code is
amended to read:
   1256.2.  (a) Except as otherwise provided in subdivision (b), an
individual who terminates his or her employment shall not be deemed
to have left his or her most recent work without good cause if his or
her employer deprived the individual of equal employment
opportunities on any basis listed in subdivision (a) of Section 12940
of the Government Code, as those bases are defined in Sections 12926
and 12926.1 of the Government Code.
   (b) Subdivision (a) does not apply to the following:
   (1) A deprivation of equal employment opportunities that is based
upon a bona fide occupational qualification or applicable security
regulations established by the United States or this state,
specifically, as provided in Section 12940 of the Government Code.
   (2) An individual who fails to make reasonable efforts to provide
the employer with an opportunity to remove any unintentional
deprivation of the individual's equal employment opportunities.
  SEC. 33.  Section 11320.31 of the Welfare and Institutions Code is
amended to read:
   11320.31.  Sanctions shall not be applied for a failure or refusal
to comply with program requirements for reasons related to
employment, an offer of employment, an activity, or other training
for employment including, but not limited to, the following reasons:

   (a) The employment, offer of employment, activity, or other
training for employment discriminates on any basis listed in
subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government
Code, except as otherwise provided in Section 12940 of the Government
Code.
   (b) The employment or offer of employment exceeds the daily or
weekly hours of work customary to the occupation.
   (c) The employment, offer of employment, activity, or other
training for employment requires travel to and from the place of
employment, activity, or other training and one's home that exceeds a
total of two hours in round-trip time, exclusive of the time
necessary to transport family members to a school or place providing
care, or, when walking is the only available means of transportation,
the round-trip is more than two miles, exclusive of the mileage
necessary to accompany family members to a school or a place
providing care.  An individual who fails or refuses to comply with
the program requirements based on this subdivision shall be required
to participate in community service activities pursuant to Section
11322.9.
   (d) The employment, offer of employment, activity, or other
training for employment involves conditions that are in violation of
applicable health and safety standards.
   (e) The employment, offer of employment, or work activity does not
provide for workers' compensation insurance.
   (f) Accepting the employment or work activity would cause an
interruption in an approved education or job training program in
progress that would otherwise lead to employment and sufficient
income to be self-supporting, excluding work experience or community
service employment as described in subdivisions (d) and (j) of
Section 11322.6 and Section 11322.9 or other community work
experience assignments, except that a recipient may be required to
engage in welfare-to-work activities to the extent necessary to meet
the hours of participation required by Section 11322.8.
   (g) Accepting the employment, offer of employment, or work
activity would cause the individual to violate the terms of his or
her union membership.
  SEC. 34.  Section 11322.62 of the Welfare and Institutions Code is
amended to read:
   11322.62.  Employers, sponsors of training activities, and
contractors shall not discriminate against participants on any basis
listed in subdivision (a) of Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and 12926.1 of the
Government Code, except as otherwise provided in Section 12940 of the
Government Code.
  SEC. 35.  Section 14087.28 of the Welfare and Institutions Code is
amended to read:
   14087.28.  (a) A hospital contracting with the Medi-Cal program
pursuant to this chapter shall not deny medical staff membership or
clinical privileges for reasons other than a physician's individual
qualifications as determined by professional and ethical criteria,
uniformly applied to all medical staff applicants and members.
Determination of medical staff membership or clinical privileges
shall not be made upon the basis of any of the following:
   (1) The existence of a contract with the hospital or with others.

   (2) Membership in, or affiliation with, any society, medical
group, or teaching facility, or upon the basis of any criteria
lacking professional justification, such as any basis listed in
subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government
Code, except as otherwise provided in Section 12940 of the Government
Code.
   (b) The special negotiator may authorize a contracting hospital to
impose reasonable limitations on the granting of medical staff
membership or clinical privileges to permit an exclusive contract for
the provision of pathology, radiology, and anesthesiology services,
except for consulting services requested by the admitting physician.

  SEC. 36.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.