BILL NUMBER: AB 1669	CHAPTERED  10/07/05

	CHAPTER  642
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2005
	APPROVED BY GOVERNOR  OCTOBER 7, 2005
	PASSED THE SENATE  AUGUST 29, 2005
	PASSED THE ASSEMBLY  APRIL 28, 2005
	AMENDED IN ASSEMBLY  APRIL 13, 2005

INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 22, 2005

   An act to amend Section 12960 of the Government Code, relating to
employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1669, Chu  Employment: discrimination.
   Under existing provisions of the California Fair Employment and
Housing Act, a person filing a complaint for an unlawful practice
with the Department of Fair Employment and Housing is required to
file the complaint within one year, except that the period for filing
may be extended in specified circumstances.
   This bill would additionally provide that the period for filing a
complaint for an unlawful practice may be extended for a period of
time not to exceed one year from the date a person allegedly
aggrieved by an unlawful practice attains the age of majority.


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


  SECTION 1.  Section 12960 of the Government Code is amended to
read:
   12960.  (a) The provisions of this article govern the procedure
for the prevention and elimination of practices made unlawful
pursuant to Article 1 (commencing with Section 12940) of Chapter 6.
   (b) Any person claiming to be aggrieved by an alleged unlawful
practice may file with the department a verified complaint, in
writing, that shall state the name and address of the person,
employer, labor organization, or employment agency alleged to have
committed the unlawful practice complained of, and that shall set
forth the particulars thereof and contain other information as may be
required by the department. The director or his or her authorized
representative may in like manner, on his or her own motion, make,
sign, and file a complaint.
   (c) Any employer whose employees, or some of them, refuse or
threaten to refuse to cooperate with the provisions of this part may
file with the department a verified complaint asking for assistance
by conciliation or other remedial action.
   (d) No complaint may be filed after the expiration of one year
from the date upon which the alleged unlawful practice or refusal to
cooperate occurred, except that this period may be extended as
follows:
   (1) For a period of time not to exceed 90 days following the
expiration of that year, if a person allegedly aggrieved by an
unlawful practice first obtained knowledge of the facts of the
alleged unlawful practice after the expiration of one year from the
date of their occurrence.
   (2) For a period of time not to exceed one year following a
rebutted presumption of the identity of the person's employer under
Section 12928, in order to allow a person allegedly aggrieved by an
unlawful practice to make a substitute identification of the actual
employer.
   (3) For a period of time, not to exceed one year from the date the
person aggrieved by an alleged violation of Section 51.7 of the
Civil Code becomes aware of the identity of a person liable for the
alleged violation, but in no case exceeding three years from the date
of the alleged violation if during that period the aggrieved person
is unaware of the identity of any person liable for the alleged
violation.
   (4) For a period of time not to exceed one year from the date that
a person allegedly aggrieved by an unlawful practice attains the age
of majority.