BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 242
          Author:   Yee (D)
          Amended:  7/14/09 
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  3-2, 3/31/09
          AYES:  Corbett, Florez, Leno
          NOES:  Harman, Walters

           SENATE FLOOR  :  21-15, 4/16/09
          AYES:  Alquist, Corbett, Correa, DeSaulnier, Ducheny,  
            Florez, Kehoe, Leno, Liu, Lowenthal, Negrete McLeod,  
            Oropeza, Padilla, Pavley, Romero, Simitian, Steinberg,  
            Wiggins, Wolk, Wright, Yee
          NOES:  Aanestad, Ashburn, Benoit, Cogdill, Cox, Denham,  
            Dutton, Harman, Hollingsworth, Huff, Maldonado, Runner,  
            Strickland, Walters, Wyland
          NO VOTE RECORDED:  Calderon, Cedillo, Hancock, Vacancy

           ASSEMBLY FLOOR  :  48-27, 8/20/09 - See last page for vote


           SUBJECT  :    Civil rights:  language restrictions

           SOURCE  :     Author


           DIGEST  :    This bill makes it a violation of the Unruh  
          Civil Rights Act to adopt or enforce a policy that  
          requires, limits, or prohibits the use of any language in a  
          business establishment, unless the language is justified by  
          a business necessity and notification has been provided of  
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          the circumstances and the time when the language  
          restriction is required to be observed, and of the  
          consequences for its violation.  

           Assembly Amendments  (1) added policies that "require" the  
          use of any language, (2) provided that the prohibition and  
          defenses contained in this bill are in addition to any  
          other provisions of law, and (3) added provisions  
          specifying that the provisions do not apply to policies or  
          rules regarding the employment relationship between a  
          business establishment and its employees.

           ANALYSIS  :    Existing law, the Unruh Civil Rights Act,  
          generally prohibits business establishments from  
          discriminating on the basis of sex, race, color, religion,  
          ancestry, national origin, disability, or medical  
          condition, and provides civil remedies for violations of  
          its provisions.  

          Existing law, the California Fair Employment Housing Act  
          (FEHA), provides that it is an unlawful employment practice  
          for an employer to adopt or enforce a policy that prohibits  
          the use of any language in the workplace, except if that  
          policy is justified by business necessity and prescribed  
          notice of the policy and consequences for violation of the  
          policy is given to employees.  

          This bill makes it a violation of the Unruh Civil Rights  
          Act to adopt or enforce a policy that requires, limits, or  
          prohibits the use of any language in or with a business  
          establishment, unless the language restriction or  
          requirement is justified by a business necessity and  
          notification has been provided of the circumstances and the  
          time when the language restriction is required to be  
          observed, and of the consequences for its violation.  

          This bill defines "business necessity" as an overriding  
          legitimate business purpose for which all of the following  
          are true:  (1) the language restriction or requirement is  
          necessary for the safe and efficient operation of the  
          business, (2) the language restriction or requirement  
          effectively fulfills the business purpose it is supposed to  
          serve, and (3) an alternative practice to the language  
          restriction or requirement that would accomplish the  







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          business purpose equally well with a lesser discriminatory  
          impact does not exist.  This definition of "business  
          necessity" is consistent with the one codified in the FEHA.

          This bill provides for an award of damages, and attorney's  
          fees as may be determined by the court, for a violation of  
          its provisions.

          This bill provides that nothing in this bill shall be  
          construed to impose a duty on any business establishment to  
          provide customer service in a particular language unless  
          that duty is otherwise required by law.  The prohibitions  
          and defenses in this bill are in addition to any other  
          prohibitions and defenses under any other section or other  
          law, and the rights and remedies provided by this bill may  
          be enforced independently of any other rights or remedies.

          This bill provides that nothing in this bill shall be  
          construed to alter, limit, or negate an application of any  
          other remedies or rights provided under the law.

          This bill provides that the provisions of the bill do not  
          apply to policies or rules regarding the employment  
          relationship between a business establishment and its  
          employees.

           Background
           
          In 2008, the Ladies Professional Golf Association (LPGA)  
          announced a proposed policy that would have required  
          players on the tour to be proficient in English by the end  
          of 2009 and pass an oral evaluation of their English skills  
          or face a membership suspension.  The LPGA asserted that it  
          was important for players to be able to interact with the  
          American media and event sponsors even though many of the  
          tour's sponsors are international companies, and a number  
          of the tournaments do not take place in the United States.   
          Notably, no other professional sports team in the United  
          States has a similar requirement.  The LPGA ultimately  
          rescinded the proposal after the author of this bill, and  
          other lawmakers, along with numerous civil rights  
          organizations, raised objections to the policy. 

          Various statutes, such as FEHA and the Unruh Civil Rights  







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          Act, prohibit discrimination in employment, housing, public  
          accommodation, and services provided by business  
          establishments on the basis of specified personal  
          characteristics such as sex, race, color, national origin,  
          religion, and disability.  Over time, these statutes  
          evolved to include other characteristics such as medical  
          condition and marital status and to generally reflect the  
          state's public policy against discrimination in all forms.   


          Although FEHA currently contains provisions that prohibit  
          employers from enacting policies that restrict the use of  
          any language among their employees, there is nothing in  
          current law that generally prohibits business  
          establishments to place such restrictions on patrons or, in  
          the case of the LPGA tour, participants/competitors.  This  
          bill seeks to further enhance protections in the Unruh  
          Civil Rights Act in order to prevent the implementation of  
          language restriction policies in the future. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  8/21/09)

          American Civil Liberties Union
          American Federation of State, County and Municipal  
          Employees, AFL-CIO
          Anti-Defamation League
          Asian Americans for Civil Rights and Equality 
          Asian Americans for Community Involvement
          Associated Students, University of California, Davis
          California Federation of Teachers 
          California Nurses Association
          California Teachers Association
          EDITORIAL - Bay Area News Group Newspapers
          EDITORIAL - Korea Daily
          Equality California
          FilAm Star
          Japanese American Citizens League (Pacific Region)
          Korean American Bar Association
          Korean American Coalition - Los Angeles
          National Association for the Advancement of Colored People  
          (NAACP)







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          San Francisco Japanese American Citizens League
          Service Employees International Union (SEIU)
          The Legal Aid Society - Employment Law Center

           OPPOSITION  :    (Verified  8/21/09)

          Association of California Insurance Companies
          California Business Properties Association
          California Chamber of Commerce
          California Financial Services Association
          California Grocers Association
          California Independent Grocers Association
          California Manufacturers and Technology Association
          California Resource Family Impact
          California Restaurant Association
          California Retailers Association
          Greater Fresno Area Chamber of Commerce
          Lawyers Against Lawsuit Abuse
          Lumber Association of California and Nevada
          Personal Insurance Federation of California
          Pro English

           ARGUMENTS IN SUPPORT  :    The author states:

            "While speaking one's native language is protected in  
            cases of employment and housing under state law, such  
            protections are not provided under the state's civil  
            rights act, which prohibits discrimination within  
            business establishments.

            "Unless English is justified by a business necessity, no  
            one should be discriminated against simply for speaking  
            their language.  SB 242 will rightfully add language to  
            the list of protected classes within California's civil  
            rights act."


           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Arambula, Beall, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,  
            Feuer, Fong, Fuentes, Furutani, Hall, Hayashi, Hernandez,  
            Hill, Huber, Huffman, Jones, Krekorian, Lieu, Bonnie  
            Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez, V.  







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            Manuel Perez, Portantino, Ruskin, Salas, Saldana,  
            Skinner, Solorio, Swanson, Torlakson, Torrico, Yamada,  
            Bass
          NOES:  Anderson, Bill Berryhill, Tom Berryhill, Blakeslee,  
            Conway, Cook, DeVore, Duvall, Emmerson, Fletcher, Fuller,  
            Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries,  
            Knight, Logue, Miller, Nestande, Niello, Nielsen, Silva,  
            Smyth, Audra Strickland, Villines
          NO VOTE RECORDED:  Adams, Galgiani, Torres, Tran, Vacancy


          RJG:mw  8/24/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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