BILL ANALYSIS
AB 1001
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Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1001 (Skinner) - As Amended: April 14, 2009
Policy Committee: Labor and
Employment Vote: 7-3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill adds "familial status" to the list of characteristics
on which basis a person may not be discriminated against in
employment. The bill also:
1)Defines familial status to mean having or providing care for
any of the following: a child, a parent, a spouse or domestic
partner, a parent-in-law, a sibling, a grandparent, or a
grandchild.
2)Provides that nothing in this bill relating to discrimination
on account of familial status shall affect the right of an
employer to regulate, for reasons of supervision, safety,
security, or morale, the working of spouses in the same
department, division, or facility, consistent with the rules
and regulations adopted by the commission.
3)Provides that the bill does not prohibit health plans from
providing additional or greater benefits to employees with
dependents than to those employees without or with fewer
dependents.
FISCAL EFFECT
The Department of Fair Employment and Housing is responsible for
enforcing provisions of the FEHA through investigations of
complaints, administrative hearings, and court actions. The
department does not yet have a fiscal estimate for this bill.
However, last session it estimated that expanded enforcement
associated with a similar measure would result in annual costs
of $740,000 to handle the increased volume of complaints.
AB 1001
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COMMENTS
1)Background . The California FEHA and Unruh Civil Rights Act
protect individuals against discrimination in employment,
housing, public accommodation, and business services based on
specified personal characteristics. These include sex, race,
color, national origin, marital status, religion, sexual
orientation, age, and disability.
The housing provisions of FEHA also prohibit discrimination
based on "familial status," which is defined for this purpose
as a parent or legal guardian having one or more individual
under 18 years of age residing with him or her. This bill adds
familial status to the list of protected classes with respect
to employment discrimination. For purposes of the employment
sections of FEHA, familial status refers to an employee's
responsibility for care or support of a family member.
2)Rationale . Supporters of this bill (including numerous
employee representatives) assert that existing law does not
adequately safeguard large numbers of California employees who
experience workplace discrimination based on the need to care
for children and other family members. The bill is intended
to address this gap by including "familial status" on the list
of characteristics that, if used as the basis for
discrimination, is prohibited under the state's Fair
Employment and Housing Act.
3)Opponents (including the California Chamber of Commerce)
assert that the bill "unnecessarily creates a vague and
expansive new basis for liability under the Fair Employment
and Housing Act."
4)Previous legislation . This bill is similar, but narrower, than
SB 836 (Kuehl) from the 2007-08 session. That measure was
vetoed by the governor, who stated in his veto message that
that the bill would result in endless litigation and would
unnecessarily restrict employers' ability to make personnel
decisions.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081