BILL NUMBER: AB 887	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 17, 2011
	AMENDED IN ASSEMBLY  APRIL 27, 2011
	AMENDED IN ASSEMBLY  MARCH 29, 2011

INTRODUCED BY   Assembly Member Atkins
   (Coauthors: Assembly Members Ammiano, Dickinson, Gordon, Lara,
Monning, and John A. Pérez)
   (Coauthors: Senators De León, Kehoe, Leno, Padilla, and Yee)

                        FEBRUARY 17, 2011

   An act to amend Section 51 of the Civil Code, to amend Sections
200, 210.2, 210.7, 220, 32228, 47605.6, 51007, 66260.6, 66260.7, and
66270 of the Education Code, to amend Sections 12920, 12921, 12926,
12930, 12931, 12935, 12940, 12944, 12949, 12955, 12955.8, 12956.1,
and 12956.2 of the Government Code, to amend Sections 676.10, 10140,
10140.2, and 12693.28 of the Insurance Code, to amend Section 3600 of
the Labor Code, and to amend Sections 186.21, 422.56, 422.85,
3053.4, and 11410 of the Penal Code, relating to gender.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 887, Atkins. Gender.
    (1) Existing law contains various provisions that define sex as
including gender and define gender as including a person's gender
identity and gender-related appearance and behavior whether or not
stereotypically associated with the person's assigned sex at birth.
    This bill would make technical changes to those provisions by
refining the definition of gender to also mean a person's gender
identity and gender expression and would define gender expression as
meaning a person's gender-related appearance and behavior whether or
not stereotypically associated with the person's assigned sex at
birth. The bill would also replace cross-references to definitions of
gender with the referenced definitions refined in the same manner as
specified above.
   (2) Existing law contains various provisions that require equal
rights and opportunities in various aspects, including education,
housing, and employment, regardless of gender and prohibits
discrimination based on specified characteristics, including sex and
gender. Existing law also includes various statements of legislative
intent and the policies of the state regarding the equal treatment
and equal rights of people regardless of certain enumerated
characteristics, including sex and gender. Existing law authorizes
the Fair Employment and Housing Commission and the Department of Fair
Employment and Housing to perform certain functions to eliminate
discrimination in employment and housing on the basis of sex.
Existing law requires the county counsel to determine whether certain
documents contain an unlawful restrictive covenant based on sex and
other characteristics. In these provisions, sex and gender are
defined in the same manner described above.
   This bill would make technical changes to those provisions by
including gender, gender identity, and gender expression among the
enumerated characteristics. The bill would make related conforming
changes.
   (3) Existing law prohibits public schools, including charter
schools, from discriminating on the basis of specified
characteristics, including gender, and specifies various statements
of legislative intent and the policies of the state in that regard.
Existing law also prohibits discrimination based on specified
characteristics by any postsecondary educational institution that
receives, or benefits from, state financial assistance.
   This bill would additionally include gender identity and gender
expression among those characteristics.
   (4) Existing law requires an employer to allow an employee to
appear or dress consistently with the employee's gender identity.
   This bill would additionally require an employer to allow an
employee to appear or dress consistently with the employee's gender
expression.
   (5) Existing law requires a county recorder who provides a copy of
a declaration, governing document, or deed to any person to place a
cover page or stamp on the first page of the previously recorded
document stating that if the document contains any restriction based
on certain characteristics, including sex, that the restriction
violates state and federal fair housing laws and is void, and may be
removed.
   This bill would require the specified language in the cover page
or stamp to include the characteristics of gender, gender identity,
and gender expression. By requiring the county recorder to change the
cover page or stamp, this bill would impose a state-mandated local
program.
   (6) Existing law prohibits certain property insurance policies
from being canceled or refused renewal, and prohibits any premium
from being excessive or unfairly discriminatory, solely on the basis
that one or more claims has been made against the policy during the
preceding 60 months for a loss that is the result of a hate crime
committed against the person or property of the insured. That
provision defines "hate crime" as specified acts done to a person
because of any enumerated characteristics of that person, including
gender.
   This bill would additionally include gender expression and gender
identity among those characteristics.
   (7) Existing law requires the Healthy Families Program to be
administered without regard to gender, race, creed, color, sexual
orientation, health status, disability, or occupation.
   This bill would additionally require that program to be
administered without regard to gender, gender identity, or gender
expression.
   (8) Existing law prohibits a personal relationship or personal
connection from being deemed to exist between an employee who is
injured or killed by a 3rd party in the course of the employee's
employment and that 3rd party based only on a determination that the
3rd party injured or killed the employee solely because of the 3rd
party's perception of the employee's race, religious creed, color,
national origin, age, gender, disability, sex, or sexual orientation,
for purposes of determining whether to grant or deny a workers'
compensation claim.
   This bill would include among those characteristics gender, gender
identity, and gender expression.
   (9) Existing law requires the parole authority upon the release of
any person who has been imprisoned for any felony offense committed
against someone due to the victim's actual or perceived gender, among
other characteristics, to order the defendant to refrain from
further acts of violence, threats, stalking, or harassment of the
victim as a condition of parole, as specified. Existing law also
requires the court in any case when a person is convicted of an
offense against someone due to the victim's actual or perceived
gender, among other characteristics, to make an order protecting the
victim, or known immediate family or domestic partner of the victim.
   This bill would additionally require the parole authority and the
court to make those orders when the offense was due to a victim's
actual or perceived gender identity or gender expression.
   (10) This bill would incorporate changes made by AB 440 and SB 559
that would become operative if AB 440, SB 559, or both bills are
enacted and this bill is enacted after AB 440, SB 559, or both bills.

   (11) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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

  SECTION 1.  Section 51 of the Civil Code is amended to read:
   51.  (a) This section shall be known, and may be cited, as the
Unruh Civil Rights Act.
   (b) All persons within the jurisdiction of this state are free and
equal, and no matter what their sex, race, color, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation are entitled to the full and equal
accommodations, advantages, facilities, privileges, or services in
all business establishments of every kind whatsoever.
   (c) This section shall not be construed to confer any right or
privilege on a person that is conditioned or limited by law or that
is applicable alike to persons of every sex, color, race, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation.
   (d) Nothing in this section shall be construed to require any
construction, alteration, repair, structural or otherwise, or
modification of any sort whatsoever, beyond that construction,
alteration, repair, or modification that is otherwise required by
other provisions of law, to any new or existing establishment,
facility, building, improvement, or any other structure, nor shall
anything in this section be construed to augment, restrict, or alter
in any way the authority of the State Architect to require
construction, alteration, repair, or modifications that the State
Architect otherwise possesses pursuant to other laws.
   (e) For purposes of this section:
   (1) "Disability" means any mental or physical disability as
defined in Sections 12926 and 12926.1 of the Government Code.
   (2) "Medical condition" has the same meaning as defined in
subdivision (h) of Section 12926 of the Government Code.
   (3) "Religion" includes all aspects of religious belief,
observance, and practice.
   (4) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth. "Sex" also
includes, but is not limited to, a person's gender. "Gender" means
sex, and includes a person's gender identity and gender expression.
"Gender expression" means a person's gender-related appearance and
behavior whether or not stereotypically associated with the person's
assigned sex at birth.
   (5) "Sex, race, color, religion, ancestry, national origin,
disability, medical condition, marital status, or sexual orientation"
includes a perception that the person has any particular
characteristic or characteristics within the listed categories or
that the person is associated with a person who has, or is perceived
to have, any particular characteristic or characteristics within the
listed categories.
   (6) "Sexual orientation" has the same meaning as defined in
subdivision (q) of Section 12926 of the Government Code.
   (f) A violation of the right of any individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) shall also
constitute a violation of this section.
  SEC. 1.5.  Section 51 of the Civil Code is amended to read:
   51.  (a) This section shall be known, and may be cited, as the
Unruh Civil Rights Act.
   (b) All persons within the jurisdiction of this state are free and
equal, and no matter what their sex, race, color, religion,
ancestry, national origin, disability, medical condition, genetic
information, marital status, or sexual orientation are entitled to
the full and equal accommodations, advantages, facilities,
privileges, or services in all business establishments of every kind
whatsoever.
   (c) This section shall not be construed to confer any right or
privilege on a person that is conditioned or limited by law or that
is applicable alike to persons of every sex, color, race, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation or to persons regardless of their
genetic information.
   (d) Nothing in this section shall be construed to require any
construction, alteration, repair, structural or otherwise, or
modification of any sort whatsoever, beyond that construction,
alteration, repair, or modification that is otherwise required by
other provisions of law, to any new or existing establishment,
facility, building, improvement, or any other structure, nor shall
anything in this section be construed to augment, restrict, or alter
in any way the authority of the State Architect to require
construction, alteration, repair, or modifications that the State
Architect otherwise possesses pursuant to other laws.
   (e) For purposes of this section:
   (1) "Disability" means any mental or physical disability as
defined in Sections 12926 and 12926.1 of the Government Code.
   (2) (A) "Genetic information" means, with respect to any
individual, information about any of the following:
   (i) The individual's genetic tests.
   (ii) The genetic tests of family members of the individual.
   (iii) The manifestation of a disease or disorder in family members
of the individual.
   (B) "Genetic information" includes any request for, or receipt of,
genetic services, or participation in clinical research that
includes genetic services, by an individual or any family member of
the individual.
   (C) "Genetic information" does not include information about the
sex or age of any individual.
   (3) "Medical condition" has the same meaning as defined in
subdivision (h) of Section 12926 of the Government Code.
   (4) "Religion" includes all aspects of religious belief,
observance, and practice.
   (5) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth. "Sex" also
includes, but is not limited to, a person's gender. "Gender" means
sex, and includes a person's gender identity and gender expression.
"Gender expression" means a person's gender-related appearance and
behavior whether or not stereotypically associated with the person's
assigned sex at birth.
   (6) "Sex, race, color, religion, ancestry, national origin,
disability, medical condition, genetic information, marital status,
or sexual orientation" includes a perception that the person has any
particular characteristic or characteristics within the listed
categories or that the person is associated with a person who has, or
is perceived to have, any particular characteristic or
characteristics within the listed categories.
   (7) "Sexual orientation" has the same meaning as defined in
subdivision (r) of Section 12926 of the Government Code.
   (f) A violation of the right of any individual under the federal
Americans with Disabilities Act of 1990 (P.L. 101-336) shall also
constitute a violation of this section.
  SEC. 2.  Section 200 of the Education Code is amended to read:
   200.  It is the policy of the State of California to afford all
persons in public schools, regardless of their disability, gender,
gender identity, gender expression, nationality, race or ethnicity,
religion, sexual orientation, or any other characteristic that is
contained in the definition of hate crimes set forth in Section
422.55 of the Penal Code, equal rights and opportunities in the
educational institutions of the state. The purpose of this chapter is
to prohibit acts that are contrary to that policy and to provide
remedies therefor.
  SEC. 3.  Section 210.2 of the Education Code is amended to read:
   210.2.  "Disability, gender, gender identity, gender expression,
nationality, race or ethnicity, religion, sexual orientation, or any
other characteristic that is contained in the definition of hate
crimes set forth in Section 422.55 of the Penal Code" includes a
perception that the person has any of those characteristics or that
the person is associated with a person who has, or is perceived to
have, any of those characteristics.
  SEC. 4.  Section 210.7 of the Education Code is amended to read:
   210.7.  "Gender" means sex, and includes a person's gender
identity and gender expression. "Gender expression" means a person's
gender-related appearance and behavior whether or not stereotypically
associated with the person's assigned sex at birth.
  SEC. 5.  Section 220 of the Education Code is amended to read:
   220.  No person shall be subjected to discrimination on the basis
of disability, gender, gender identity, gender expression,
nationality, race or ethnicity, religion, sexual orientation, or any
other characteristic that is contained in the definition of hate
crimes set forth in Section 422.55 of the Penal Code in any program
or activity conducted by an educational institution that receives, or
benefits from, state financial assistance or enrolls pupils who
receive state student financial aid.
  SEC. 6.  Section 32228 of the Education Code is amended to read:
   32228.  (a) It is the intent of the Legislature that public
schools serving pupils in any of grades 8 to 12, inclusive, have
access to supplemental resources to establish programs and strategies
that promote school safety and emphasize violence prevention among
children and youth in the public schools.
   (b) It is also the intent of the Legislature that public schools
have access to supplemental resources to combat bias on the basis of
race, color, religion, ancestry, national origin, disability, gender,
gender identity, gender expression, or sexual orientation, as
defined in subdivision (q) of Section 12926 of the Government Code,
and to prevent and respond to acts of hate violence and bias-related
incidents. Sexual orientation shall not include pedophilia.
   (c) It is further the intent of the Legislature that schoolsites
receiving funds pursuant to this article accomplish all of the
following goals:
   (1) Teach pupils techniques for resolving conflicts without
violence.
   (2) Train school staff and administrators to support and promote
conflict resolution and mediation techniques for resolving conflicts
between and among pupils.
   (3) Reduce incidents of violence at the schoolsite with an
emphasis on prevention and early detection.
   (4) Provide age-appropriate instruction in domestic violence
prevention, dating violence prevention, and interpersonal violence
prevention.
  SEC. 6.5.  Section 32228 of the Education Code is amended to read:
   32228.  (a) It is the intent of the Legislature that public
schools serving pupils in any of grades 8 to 12, inclusive, have
access to supplemental resources to establish programs and strategies
that promote school safety and emphasize violence prevention among
children and youth in the public schools.
   (b) It is also the intent of the Legislature that public schools
have access to supplemental resources to combat bias on the basis of
race, color, religion, ancestry, national origin, disability, gender,
gender identity, gender expression, or sexual orientation, as
defined in subdivision (r) of Section 12926 of the Government Code,
and to prevent and respond to acts of hate violence and bias-related
incidents. Sexual orientation shall not include pedophilia.
   (c) It is further the intent of the Legislature that schoolsites
receiving funds pursuant to this article accomplish all of the
following goals:
   (1) Teach pupils techniques for resolving conflicts without
violence.
   (2) Train school staff and administrators to support and promote
conflict resolution and mediation techniques for resolving conflicts
between and among pupils.
   (3) Reduce incidents of violence at the schoolsite with an
emphasis on prevention and early detection.
   (4) Provide age-appropriate instruction in domestic violence
prevention, dating violence prevention, and interpersonal violence
prevention.
  SEC. 7.  Section 47605.6 of the Education Code is amended to read:
   47605.6.  (a) (1) In addition to the authority provided by Section
47605.5, a county board of education may also approve a petition for
the operation of a charter school that operates at one or more sites
within the geographic boundaries of the county and that provides
instructional services that are not generally provided by a county
office of education. A county board of education may approve a
countywide charter only if it finds, in addition to the other
requirements of this section, that the educational services to be
provided by the charter school will offer services to a pupil
population that will benefit from those services and that cannot be
served as well by a charter school that operates in only one school
district in the county. A petition for the establishment of a
countywide charter school pursuant to this subdivision may be
circulated throughout the county by any one or more persons seeking
to establish the charter school. The petition may be submitted to the
county board of education for review after either of the following
conditions are met:
   (A) The petition has been signed by a number of parents or
guardians of pupils residing within the county that is equivalent to
at least one-half of the number of pupils that the charter school
estimates will enroll in the school for its first year of operation
and each of the school districts where the charter school petitioner
proposes to operate a facility has received at least 30 days' notice
of the petitioner's intent to operate a school pursuant to this
section.
   (B) The petition has been signed by a number of teachers that is
equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its
first year of operation and each of the school districts where the
charter school petitioner proposes to operate a facility has received
at least 30 days' notice of the petitioner's intent to operate a
school pursuant to this section.
   (2) An existing public school may not be converted to a charter
school in accordance with this section.
   (3) After receiving approval of its petition, a charter school
that proposes to establish operations at additional sites within the
geographic boundaries of the county board of education shall notify
the school districts where those sites will be located. The charter
school shall also request a material revision of its charter by the
county board of education that approved its charter and the county
board shall consider whether to approve those additional locations at
an open, public meeting, held no sooner than 30 days following
notification of the school districts where the sites will be located.
If approved, the location of the approved sites shall be a material
revision of the school's approved charter.
   (4) A petition shall include a prominent statement indicating that
a signature on the petition means that the parent or guardian is
meaningfully interested in having his or her child or ward attend the
charter school, or in the case of a teacher's signature, means that
the teacher is meaningfully interested in teaching at the charter
school. The proposed charter shall be attached to the petition.
   (b) No later than 60 days after receiving a petition, in
accordance with subdivision (a), the county board of education shall
hold a public hearing on the provisions of the charter, at which time
the county board of education shall consider the level of support
for the petition by teachers, parents or guardians, and the school
districts where the charter school petitioner proposes to place
school facilities. Following review of the petition and the public
hearing, the county board of education shall either grant or deny the
charter within 90 days of receipt of the petition. However, this
date may be extended by an additional 30 days if both parties agree
to the extension. A county board of education may impose any
additional requirements beyond those required by this section that it
considers necessary for the sound operation of a countywide charter
school. A county board of education may grant a charter for the
operation of a school under this part only if the board is satisfied
that granting the charter is consistent with sound educational
practice and that the charter school has reasonable justification for
why it could not be established by petition to a school district
pursuant to Section 47605. The county board of education shall deny a
petition for the establishment of a charter school if the board
finds one or more of the following:
   (1) The charter school presents an unsound educational program for
the pupils to be enrolled in the charter school.
   (2) The petitioners are demonstrably unlikely to successfully
implement the program set forth in the petition.
   (3) The petition does not contain the number of signatures
required by subdivision (a).
   (4) The petition does not contain an affirmation of each of the
conditions described in subdivision (d).
   (5) The petition does not contain reasonably comprehensive
descriptions of all of the following:
   (A) (i) A description of the educational program of the school,
designed, among other things, to identify those pupils whom the
school is attempting to educate, what it means to be an "educated
person" in the 21st century, and how learning best occurs. The goals
identified in that program shall include the objective of enabling
pupils to become self-motivated, competent, and lifelong learners.
   (ii) If the proposed charter school will enroll high school
pupils, a description of the manner in which the charter school will
inform parents regarding the transferability of courses to other
public high schools. Courses offered by the charter school that are
accredited by the Western Association of Schools and Colleges may be
considered to be transferable to other public high schools.
   (iii) If the proposed charter school will enroll high school
pupils, information as to the manner in which the charter school will
inform parents as to whether each individual course offered by the
charter school meets college entrance requirements. Courses approved
by the University of California or the California State University as
satisfying their prerequisites for admission may be considered as
meeting college entrance requirements for purposes of this clause.
   (B) The measurable pupil outcomes identified for use by the
charter school. "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and aptitudes specified as goals
in the school's educational program.
   (C) The method by which pupil progress in meeting those pupil
outcomes is to be measured.
   (D) The location of each charter school facility that the
petitioner proposes to operate.
   (E) The governance structure of the school, including, but not
limited to, the process to be followed by the school to ensure
parental involvement.
   (F) The qualifications to be met by individuals to be employed by
the school.
   (G) The procedures that the school will follow to ensure the
health and safety of pupils and staff. These procedures shall include
the requirement that each employee of the school furnish the school
with a criminal record summary as described in Section 44237.
   (H) The means by which the school will achieve a racial and ethnic
balance among its pupils that is reflective of the general
population residing within the territorial jurisdiction of the school
district to which the charter petition is submitted.
   (I) The manner in which annual, independent, financial audits
shall be conducted, in accordance with regulations established by the
State Board of Education, and the manner in which audit exceptions
and deficiencies shall be resolved.
   (J) The procedures by which pupils can be suspended or expelled.
   (K) The manner by which staff members of the charter schools will
be covered by the State Teachers' Retirement System, the Public
Employees' Retirement System, or federal social security.
   (L) The procedures to be followed by the charter school and the
county board of education to resolve disputes relating to provisions
of the charter.
   (M) A declaration whether or not the charter school shall be
deemed the exclusive public school employer of the employees of the
charter school for the purposes of the Educational Employment
Relations Act (Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code).
   (N) Admission requirements of the charter school, if applicable.
   (O) The public school attendance alternatives for pupils residing
within the county who choose not to attend the charter school.
   (P) A description of the rights of an employee of the county
office of education, upon leaving the employment of the county office
of education, to be employed by the charter school, and a
description of any rights of return to the county office of education
that an employee may have upon leaving the employ of the charter
school.
   (Q) A description of the procedures to be used if the charter
school closes. The procedures shall ensure a final audit of the
school to determine the disposition of all assets and liabilities of
the charter school, including plans for disposing of any net assets
and for the maintenance and transfer of public records.
   (6) Any other basis that the board finds justifies the denial of
the petition.
   (c) A county board of education that approves a petition for the
operation of a countywide charter may, as a condition of charter
approval, enter into an agreement with a third party, at the expense
of the charter school, to oversee, monitor, and report to the county
board of education on the operations of the charter school. The
county board of education may prescribe the aspects of the charter
school's operations to be monitored by the third party and may
prescribe appropriate requirements regarding the reporting of
information concerning the operations of the charter school to the
county board of education.
   (d) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Section 60605 and
any other statewide standards authorized in statute or pupil
assessments applicable to pupils in noncharter public schools.
   (2) Charter schools shall on a regular basis consult with their
parents and teachers regarding the school's educational programs.
   (e) (1) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against any
pupil on the basis of ethnicity, national origin, gender, gender
identity, gender expression, or disability. Except as provided in
paragraph (2), admission to a charter school shall not be determined
according to the place of residence of the pupil, or of his or her
parent or guardian, within this state.
   (2) (A) A charter school shall admit all pupils who wish to attend
the school.
   (B) However, if the number of pupils who wish to attend the
charter school exceeds the school's capacity, attendance, except for
existing pupils of the charter school, shall be determined by a
public random drawing. Preference shall be extended to pupils
currently attending the charter school and pupils who reside in the
county except as provided for in Section 47614.5. Other preferences
may be permitted by the chartering authority on an individual school
basis and only if consistent with the law.
   (C) In the event of a drawing, the county board of education shall
make reasonable efforts to accommodate the growth of the charter
school and in no event shall take any action to impede the charter
school from expanding enrollment to meet pupil demand.
   (f) No county board of education shall require any employee of the
county or a school district to be employed in a charter school.
   (g) No county board of education shall require any pupil enrolled
in a county program to attend a charter school.
   (h) The county board of education shall require that the
petitioner or petitioners provide information regarding the proposed
operation and potential effects of the school, including, but not
limited to, the facilities to be utilized by the school, the manner
in which administrative services of the school are to be provided,
and potential civil liability effects, if any, upon the school, any
school district where the charter school may operate, and upon the
county board of education. The petitioner or petitioners shall also
be required to provide financial statements that include a proposed
first-year operational budget, including startup costs, and cashflow
and financial projections for the first three years of operation.
   (i) In reviewing petitions for the establishment of charter
schools within the county, the county board of education shall give
preference to petitions that demonstrate the capability to provide
comprehensive learning experiences to pupils identified by the
petitioner or petitioners as academically low-achieving pursuant to
the standards established by the State Department of Education under
Section 54032.
   (j) Upon the approval of the petition by the county board of
education, the petitioner or petitioners shall provide written notice
of that approval, including a copy of the petition, to the school
districts within the county, the Superintendent of Public
Instruction, and to the State Board of Education.
   (k) If a county board of education denies a petition, the
petitioner may not elect to submit the petition for the establishment
of the charter school to the State Board of Education.
   (l) Teachers in charter schools shall be required to hold a
Commission on Teacher Credentialing certificate, permit, or other
document equivalent to that which a teacher in other public schools
would be required to hold. These documents shall be maintained on
file at the charter school and shall be subject to periodic
inspection by the chartering authority.
   (m) A charter school shall transmit a copy of its annual,
independent, financial audit report for the preceding fiscal year, as
described in subparagraph (I) of paragraph (5) of subdivision (b),
to the county office of education, State Controller, and the State
Department of Education by December 15 of each year. This subdivision
shall not apply if the audit of the charter school is encompassed in
the audit of the chartering entity pursuant to Section 41020.
  SEC. 7.5.  Section 47605.6 of the Education Code is amended to
read:
   47605.6.  (a) (1) In addition to the authority provided by Section
47605.5, a county board of education may also approve a petition for
the operation of a charter school that operates at one or more sites
within the geographic boundaries of the county and that provides
instructional services that are not generally provided by a county
office of education. A county board of education may approve a
countywide charter only if it finds, in addition to the other
                                             requirements of this
section, that the educational services to be provided by the charter
school will offer services to a pupil population that will benefit
from those services and that cannot be served as well by a charter
school that operates in only one school district in the county. A
petition for the establishment of a countywide charter school
pursuant to this subdivision may be circulated throughout the county
by any one or more persons seeking to establish the charter school.
The petition may be submitted to the county board of education for
review after either of the following conditions are met:
   (A) The petition is signed by a number of parents or guardians of
pupils residing within the county that is equivalent to at least
one-half of the number of pupils that the charter school estimates
will enroll in the school for its first year of operation and each of
the school districts where the charter school petitioner proposes to
operate a facility has received at least 30 days' notice of the
petitioner's intent to operate a school pursuant to this section.
   (B) The petition is signed by a number of teachers that is
equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its
first year of operation and each of the school districts where the
charter school petitioner proposes to operate a facility has received
at least 30 days' notice of the petitioner's intent to operate a
school pursuant to this section.
   (2) An existing public school may not be converted to a charter
school in accordance with this section.
   (3) After receiving approval of its petition, a charter school
that proposes to establish operations at additional sites within the
geographic boundaries of the county board of education shall notify
the school districts where those sites will be located. The charter
school also shall request a material revision of its charter by the
county board of education that approved its charter, and the county
board shall consider whether to approve those additional locations at
an open, public meeting, held no sooner than 30 days following
notification of the school districts where the sites will be located.
If approved, the location of the approved sites shall be a material
revision of the school's approved charter.
   (4) A petition shall include a prominent statement indicating that
a signature on the petition means that the parent or guardian is
meaningfully interested in having his or her child or ward attend the
charter school, or in the case of a teacher's signature, means that
the teacher is meaningfully interested in teaching at the charter
school. The proposed charter shall be attached to the petition.
   (b) No later than 60 days after receiving a petition, in
accordance with subdivision (a), the county board of education shall
hold a public hearing on the provisions of the charter, at which time
the county board of education shall consider the level of support
for the petition by teachers, parents or guardians, and the school
districts where the charter school petitioner proposes to place
school facilities. Following review of the petition and the public
hearing, the county board of education shall either grant or deny the
charter within 90 days of receipt of the petition. However, this
date may be extended by an additional 30 days if both parties agree
to the extension. A county board of education may impose any
additional requirements beyond those required by this section that it
considers necessary for the sound operation of a countywide charter
school. A county board of education may grant a charter for the
operation of a school under this part only if the board is satisfied
that granting the charter is consistent with sound educational
practice and that the charter school has reasonable justification for
why it could not be established by petition to a school district
pursuant to Section 47605. The county board of education shall deny a
petition for the establishment of a charter school if the board
finds one or more of the following:
   (1) The charter school presents an unsound educational program for
the pupils to be enrolled in the charter school.
   (2) The petitioners are demonstrably unlikely to successfully
implement the program set forth in the petition. In determining if a
petitioner is demonstrably unlikely to successfully implement the
program set forth in the petition, a chartering authority may
consider whether a petitioner has operated another charter school for
at least three consecutive years and any of the following have
occurred:
   (A) The charter school demonstrated academic achievement
equivalent to a persistently lowest achieving school, as defined in
Section 53200.
   (B) The charter school completed its first renewal cycle and was
not renewed by the authorizing entity, the county board of education,
or the state board.
   (C) The charter school had its charter revoked, and the charter
was not restored by the county board of education or the state board.

   (3) The petition does not contain the number of signatures
required by subdivision (a).
   (4) The petition does not contain an affirmation of each of the
conditions described in subdivision (d).
   (5) The petition does not contain reasonably comprehensive
descriptions of all of the following:
   (A) (i) A description of the educational program of the school,
designed, among other things, to identify those pupils whom the
school is attempting to educate, what it means to be an "educated
person" in the 21st century, and how learning best occurs. The goals
identified in that program shall include the objective of enabling
pupils to become self-motivated, competent, and lifelong learners.
   (ii) If the proposed charter school will enroll high school
pupils, a description of the manner in which the charter school will
inform parents regarding the transferability of courses to other
public high schools. Courses offered by the charter school that are
accredited by the Western Association of Schools and Colleges may be
considered to be transferable to other public high schools.
   (iii) If the proposed charter school will enroll high school
pupils, information as to the manner in which the charter school will
inform parents as to whether each individual course offered by the
charter school meets college entrance requirements. Courses approved
by the University of California or the California State University as
satisfying their prerequisites for admission may be considered as
meeting college entrance requirements for purposes of this clause.
   (B) The measurable pupil outcomes identified for use by the
charter school. "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and aptitudes specified as goals
in the school's educational program.
   (C) The method by which pupil progress in meeting those pupil
outcomes is to be measured.
   (D) The location of each charter school facility that the
petitioner proposes to operate.
   (E) The governance structure of the school, including, but not
limited to, the process to be followed by the school to ensure
parental involvement.
   (F) The qualifications to be met by individuals to be employed by
the school.
   (G) The procedures that the school will follow to ensure the
health and safety of pupils and staff. These procedures shall include
the requirement that each employee of the school furnish the school
with a criminal record summary as described in Section 44237.
   (H) The means by which the school will serve pupil populations
that are similar to the local school district pupil populations or
similar to pupil populations in the school's local community, or
similar to the pupil populations identified in the charter petition
as the target pupil populations to be served, especially with regard
to high-need pupils, including, but not limited to, pupils with
disabilities, pupils living in poverty, and English learners. The
chartering authority that authorizes a charter school shall consider,
when determining whether to grant a renewal, the degree to which a
charter school serves pupil populations that are similar to the local
school district pupil populations or similar to pupil populations
identified in the charter petition as the target pupil populations to
be served, especially with regard to high-need pupils, including,
but not limited to, pupils with disabilities, pupils living in
poverty, and English learners, provided that the authorizer may take
into consideration demographic and lottery fluctuations that could
affect the school's progress.
   (I) The manner in which annual, independent, financial and
compliance audits, which shall employ government auditing standards,
shall be conducted and the manner in which audit exceptions and
deficiencies shall be resolved to the satisfaction of the chartering
authority. This subparagraph shall be implemented in a manner
consistent with the charter school audit guide adopted pursuant to
subdivision (f) of Section 14502.1.
   (J) The procedures by which pupils can be suspended or expelled.
   (K) The manner by which staff members of the charter schools will
be covered by the State Teachers' Retirement System, the Public
Employees' Retirement System, or federal social security.
   (L) The procedures to be followed by the charter school and the
county board of education to resolve disputes relating to provisions
of the charter.
   (M) A declaration whether or not the charter school shall be
deemed the exclusive public school employer of the employees of the
charter school for the purposes of the Educational Employment
Relations Act (Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code).
   (N) Admission requirements of the charter school, if applicable.
   (O) The public school attendance alternatives for pupils residing
within the county who choose not to attend the charter school.
   (P) A description of the rights of an employee of the county
office of education, upon leaving the employment of the county office
of education, to be employed by the charter school, and a
description of any rights of return to the county office of education
that an employee may have upon leaving the employ of the charter
school.
   (Q) A description of the procedures to be used if the charter
school closes. The procedures shall ensure a final audit of the
school to determine the disposition of all assets and liabilities of
the charter school, including plans for disposing of any net assets
and for the maintenance and transfer of public records.
   (6) Any other basis that the county board of education finds
justifies the denial of the petition.
   (c) A county board of education that approves a petition for the
operation of a countywide charter may, as a condition of charter
approval, enter into an agreement with a third party, at the expense
of the charter school, to oversee, monitor, and report to the county
board of education on the operations of the charter school. The
county board of education may prescribe the aspects of the charter
school's operations to be monitored by the third party and may
prescribe appropriate requirements regarding the reporting of
information concerning the operations of the charter school to the
county board of education.
   (d) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Section 60605 and
any other statewide standards authorized in statute or pupil
assessments applicable to pupils in noncharter public schools.
   (2) Charter schools shall consult, on a regular basis, with their
parents and teachers regarding the school's educational programs.
   (e) (1) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against any
pupil on the basis of ethnicity, national origin, gender, gender
identity, gender expression, or disability. Except as provided in
paragraph (2), admission to a charter school shall not be determined
according to the place of residence of the pupil, or of his or her
parent or guardian, within this state.
   (2) (A) A charter school shall admit all pupils who wish to attend
the school.
   (B) If the number of pupils who wish to attend the charter school
exceeds the school's capacity, attendance, except for existing pupils
of the charter school, shall be determined by a public random
drawing. Preference shall be extended to pupils currently attending
the charter school and pupils who reside in the county except as
provided for in Section 47614.5. Other preferences may be permitted
by the chartering authority on an individual school basis and only if
consistent with the law.
   (C) In the event of a drawing, the county board of education shall
make reasonable efforts to accommodate the growth of the charter
school and in no event shall take any action to impede the charter
school from expanding enrollment to meet pupil demand.
   (f) No county board of education shall require any employee of the
county or a school district to be employed in a charter school.
   (g) No county board of education shall require any pupil enrolled
in a county program to attend a charter school.
   (h) The county board of education shall require that the
petitioner or petitioners provide information regarding the proposed
operation and potential effects of the school, including, but not
limited to, the facilities to be utilized by the school, the manner
in which administrative services of the school are to be provided,
and potential civil liability effects, if any, upon the school, any
school district where the charter school may operate, and upon the
county board of education. The petitioner or petitioners shall also
be required to provide financial statements that include a proposed
first-year operational budget, including startup costs, and cashflow
and financial projections for the first three years of operation.
   (i) In reviewing petitions for the establishment of charter
schools within the county, the county board of education shall give
preference to petitions that demonstrate the capability to provide
comprehensive learning experiences to pupils identified by the
petitioner or petitioners as academically low achieving pursuant to
the standards established by the department under Section 54032.
   (j) Upon the approval of the petition by the county board of
education, the petitioner or petitioners shall provide written notice
of that approval, including a copy of the petition, to the school
districts within the county, the Superintendent, and the state board.

   (k) If a county board of education denies a petition, the
petitioner may not elect to submit the petition for the establishment
of the charter school to the state board.
   (l) Teachers in charter schools shall be required to hold a
Commission on Teacher Credentialing certificate, permit, or other
document equivalent to that which a teacher in other public schools
would be required to hold. These documents shall be maintained on
file at the charter school and shall be subject to periodic
inspection by the chartering authority.
   (m) A charter school shall transmit a copy of its annual,
independent, financial audit report for the preceding fiscal year, as
described in subparagraph (I) of paragraph (5) of subdivision (b),
to the county office of education, the Controller, and the department
by December 15 of each year. This subdivision shall not apply if the
audit of the charter school is encompassed in the audit of the
chartering entity pursuant to Section 41020.
  SEC. 8.  Section 51007 of the Education Code is amended to read:
   51007.  (a) It is the policy of the State of California that all
students enrolled in the state's public elementary and secondary
schools, regardless of race, creed, color, national origin, gender,
gender identity, gender expression, physical disability, geographic
location, or socioeconomic background, shall have equitable access to
educational programs designed to strengthen technological skills,
including, but not limited to, computer education programs.
   (b) It is the intent of the Legislature that state appropriations
for educational programs designed to strengthen technological skills,
including, but not limited to, computer education programs, shall
have the goal of ensuring equitable access to those programs for all
students.
   (c) It is the intent of the Legislature that this section shall
not be construed to preclude funding of programs designed to serve
certain categories of students as part of the state's efforts to
target areas of high need.
  SEC. 9.  Section 66260.6 of the Education Code is amended to read:
   66260.6.  "Disability, gender, gender identity, gender expression,
nationality, race or ethnicity, religion, sexual orientation, or any
other characteristic that is contained in the definition of hate
crimes set forth in Section 422.55 of the Penal Code" includes a
perception that the person has any of those characteristics or that
the person is associated with a person who has, or is perceived to
have, any of those characteristics.
  SEC. 10.  Section 66260.7 of the Education Code is amended to read:

   66260.7.  "Gender" means sex, and includes a person's gender
identity and gender expression. "Gender expression" means a person's
gender-related appearance and behavior whether or not stereotypically
associated with the person's assigned sex at birth.
  SEC. 11.  Section 66270 of the Education Code is amended to read:
   66270.  No person shall be subjected to discrimination on the
basis of disability, gender, gender identity, gender expression,
nationality, race or ethnicity, religion, sexual orientation, or any
characteristic listed or defined in Section 11135 of the Government
Code or any other characteristic that is contained in the prohibition
of hate crimes set forth in subdivision (a) of Section 422.6 of the
Penal Code in any program or activity conducted by any postsecondary
educational institution that receives, or benefits from, state
financial assistance or enrolls students who receive state student
financial aid.
  SEC. 12.  Section 12920 of the Government Code is amended to read:
   12920.  It is hereby declared as the public policy of this state
that it is necessary to protect and safeguard the right and
opportunity of all persons to seek, obtain, and hold employment
without discrimination or abridgment on account of race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, gender, gender
identity, gender expression, age, or sexual orientation.
   It is recognized that the practice of denying employment
opportunity and discriminating in the terms of employment for these
reasons foments domestic strife and unrest, deprives the state of the
fullest utilization of its capacities for development and
advancement, and substantially and adversely affects the interests of
employees, employers, and the public in general.
   Further, the practice of discrimination because of race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial
status, source of income, or disability in housing accommodations is
declared to be against public policy.
   It is the purpose of this part to provide effective remedies that
will eliminate these discriminatory practices.
   This part shall be deemed an exercise of the police power of the
state for the protection of the welfare, health, and peace of the
people of this state.
  SEC. 12.5.  Section 12920 of the Government Code is amended to
read:
   12920.  It is hereby declared as the public policy of this state
that it is necessary to protect and safeguard the right and
opportunity of all persons to seek, obtain, and hold employment
without discrimination or abridgment on account of race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, or sexual
orientation.
   It is recognized that the practice of denying employment
opportunity and discriminating in the terms of employment for these
reasons foments domestic strife and unrest, deprives the state of the
fullest utilization of its capacities for development and
advancement, and substantially and adversely affects the interests of
employees, employers, and the public in general.
   Further, the practice of discrimination because of race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial
status, source of income, disability, or genetic information in
housing accommodations is declared to be against public policy.
   It is the purpose of this part to provide effective remedies that
will eliminate these discriminatory practices.
   This part shall be deemed an exercise of the police power of the
state for the protection of the welfare, health, and peace of the
people of this state.
  SEC. 13.  Section 12921 of the Government Code is amended to read:
   12921.  (a) The opportunity to seek, obtain, and hold employment
without discrimination because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, gender, gender identity,
gender expression, age, or sexual orientation is hereby recognized as
and declared to be a civil right.
   (b) The opportunity to seek, obtain, and hold housing without
discrimination because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
national origin, ancestry, familial status, source of income,
disability, or any other basis prohibited by Section 51 of the Civil
Code is hereby recognized as and declared to be a civil right.
  SEC. 13.5.  Section 12921 of the Government Code is amended to
read:
   12921.  (a) The opportunity to seek, obtain, and hold employment
without discrimination because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, or sexual orientation is
hereby recognized as and declared to be a civil right.
   (b) The opportunity to seek, obtain, and hold housing without
discrimination because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
national origin, ancestry, familial status, source of income,
disability, genetic information, or any other basis prohibited by
Section 51 of the Civil Code is hereby recognized as and declared to
be a civil right.
  SEC. 14.  Section 12926 of the Government Code is amended to read:
   12926.  As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
   (a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders,
posting of notices, training of personnel, testing, expunging of
records, reporting of records, and any other similar relief that is
intended to correct unlawful practices under this part.
   (b) "Age" refers to the chronological age of any individual who
has reached his or her 40th birthday.
   (c) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or any individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
   (d) "Employer" includes any person regularly employing five or
more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil
subdivision of the state, and cities, except as follows:
   "Employer" does not include a religious association or corporation
not organized for private profit.
   (e) "Employment agency" includes any person undertaking for
compensation to procure employees or opportunities to work.
   (f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires. "Essential functions" does not include the marginal
functions of the position.
   (1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
   (A) The function may be essential because the reason the position
exists is to perform that function.
   (B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
   (C) The function may be highly specialized, so that the incumbent
in the position is hired for his or her expertise or ability to
perform the particular function.
   (2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
   (A) The employer's judgment as to which functions are essential.
   (B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
   (C) The amount of time spent on the job performing the function.
   (D) The consequences of not requiring the incumbent to perform the
function.
   (E) The terms of a collective bargaining agreement.
   (F) The work experiences of past incumbents in the job.
   (G) The current work experience of incumbents in similar jobs.
   (g) "Labor organization" includes any organization that exists and
is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection.
   (h) "Medical condition" means either of the following:
   (1) Any health impairment related to or associated with a
diagnosis of cancer or a record or history of cancer.
   (2) Genetic characteristics. For purposes of this section,
"genetic characteristics" means either of the following:
   (A) Any scientifically or medically identifiable gene or
chromosome, or combination or alteration thereof, that is known to be
a cause of a disease or disorder in a person or his or her
offspring, or that is determined to be associated with a
statistically increased risk of development of a disease or disorder,
and that is presently not
         associated with any symptoms of any disease or disorder.
   (B) Inherited characteristics that may derive from the individual
or family member, that are known to be a cause of a disease or
disorder in a person or his or her offspring, or that are determined
to be associated with a statistically increased risk of development
of a disease or disorder, and that are presently not associated with
any symptoms of any disease or disorder.
   (i) "Mental disability" includes, but is not limited to, all of
the following:
   (1) Having any mental or psychological disorder or condition, such
as mental retardation, organic brain syndrome, emotional or mental
illness, or specific learning disabilities, that limits a major life
activity. For purposes of this section:
   (A) "Limits" shall be determined without regard to mitigating
measures, such as medications, assistive devices, or reasonable
accommodations, unless the mitigating measure itself limits a major
life activity.
   (B) A mental or psychological disorder or condition limits a major
life activity if it makes the achievement of the major life activity
difficult.
   (C) "Major life activities" shall be broadly construed and shall
include physical, mental, and social activities and working.
   (2) Any other mental or psychological disorder or condition not
described in paragraph (1) that requires special education or related
services.
   (3) Having a record or history of a mental or psychological
disorder or condition described in paragraph (1) or (2), which is
known to the employer or other entity covered by this part.
   (4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any mental condition
that makes achievement of a major life activity difficult.
   (5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a mental or
psychological disorder or condition that has no present disabling
effect, but that may become a mental disability as described in
paragraph (1) or (2).
   "Mental disability" does not include sexual behavior disorders,
compulsive gambling, kleptomania, pyromania, or psychoactive
substance use disorders resulting from the current unlawful use of
controlled substances or other drugs.
   (j) "On the bases enumerated in this part" means or refers to
discrimination on the basis of one or more of the following: race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, age, or sexual orientation.
   (k) "Physical disability" includes, but is not limited to, all of
the following:
   (1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:
   (A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
   (B) Limits a major life activity. For purposes of this section:
   (i) "Limits" shall be determined without regard to mitigating
measures such as medications, assistive devices, prosthetics, or
reasonable accommodations, unless the mitigating measure itself
limits a major life activity.
   (ii) A physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss limits a major life activity if it
makes the achievement of the major life activity difficult.
   (iii) "Major life activities" shall be broadly construed and
includes physical, mental, and social activities and working.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Having a record or history of a disease, disorder, condition,
cosmetic disfigurement, anatomical loss, or health impairment
described in paragraph (1) or (2), which is known to the employer or
other entity covered by this part.
   (4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any physical condition
that makes achievement of a major life activity difficult.
   (5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
   (6) "Physical disability" does not include sexual behavior
disorders, compulsive gambling, kleptomania, pyromania, or
psychoactive substance use disorders resulting from the current
unlawful use of controlled substances or other drugs.
   (l) Notwithstanding subdivisions (i) and (k), if the definition of
"disability" used in the Americans with Disabilities Act of 1990
(Public Law 101-336) would result in broader protection of the civil
rights of individuals with a mental disability or physical
disability, as defined in subdivision (i) or (k), or would include
any medical condition not included within those definitions, then
that broader protection or coverage shall be deemed incorporated by
reference into, and shall prevail over conflicting provisions of, the
definitions in subdivisions (i) and (k).
   (m) "Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, sex, age, or sexual orientation" includes a perception that
the person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics.
   (n) "Reasonable accommodation" may include either of the
following:
   (1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
   (2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities.
   (o) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
   (p) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth. "Sex" also
includes, but is not limited to, a person's gender. "Gender" means
sex, and includes a person's gender identity and gender expression.
"Gender expression" means a person's gender-related appearance and
behavior whether or not stereotypically associated with the person's
assigned sex at birth.
   (q) "Sexual orientation" means heterosexuality, homosexuality, and
bisexuality.
   (r) "Supervisor" means any individual having the authority, in the
interest of the employer, to hire, transfer, suspend, layoff,
recall, promote, discharge, assign, reward, or discipline other
employees, or the responsibility to direct them, or to adjust their
grievances, or effectively to recommend that action, if, in
connection with the foregoing, the exercise of that authority is not
of a merely routine or clerical nature, but requires the use of
independent judgment.
   (s) "Undue hardship" means an action requiring significant
difficulty or expense, when considered in light of the following
factors:
   (1) The nature and cost of the accommodation needed.
   (2) The overall financial resources of the facilities involved in
the provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources
or the impact otherwise of these accommodations upon the operation of
the facility.
   (3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of employees, and the number, type, and location of its
facilities.
   (4) The type of operations, including the composition, structure,
and functions of the workforce of the entity.
   (5) The geographic separateness, administrative, or fiscal
relationship of the facility or facilities.
  SEC. 14.5.  Section 12926 of the Government Code is amended to
read:
   12926.  As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
   (a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders,
posting of notices, training of personnel, testing, expunging of
records, reporting of records, and any other similar relief that is
intended to correct unlawful practices under this part.
   (b) "Age" refers to the chronological age of any individual who
has reached his or her 40th birthday.
   (c) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or any individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
   (d) "Employer" includes any person regularly employing five or
more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil
subdivision of the state, and cities, except as follows:
   "Employer" does not include a religious association or corporation
not organized for private profit.
   (e) "Employment agency" includes any person undertaking for
compensation to procure employees or opportunities to work.
   (f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires. "Essential functions" does not include the marginal
functions of the position.
   (1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
   (A) The function may be essential because the reason the position
exists is to perform that function.
   (B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
   (C) The function may be highly specialized, so that the incumbent
in the position is hired for his or her expertise or ability to
perform the particular function.
   (2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
   (A) The employer's judgment as to which functions are essential.
   (B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
   (C) The amount of time spent on the job performing the function.
   (D) The consequences of not requiring the incumbent to perform the
function.
   (E) The terms of a collective bargaining agreement.
   (F) The work experiences of past incumbents in the job.
   (G) The current work experience of incumbents in similar jobs.
   (g) (1) "Genetic information" means, with respect to any
individual, information about any of the following:
   (A) The individual's genetic tests.
   (B) The genetic tests of family members of the individual.
   (C) The manifestation of a disease or disorder in family members
of the individual.
   (2) "Genetic information" includes any request for, or receipt of,
genetic services, or participation in clinical research that
includes genetic services, by an individual or any family member of
the individual.
   (3) "Genetic information" does not include information about the
sex or age of any individual.
   (h) "Labor organization" includes any organization that exists and
is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection.
   (i) "Medical condition" means either of the following:
   (1) Any health impairment related to or associated with a
diagnosis of cancer or a record or history of cancer.
   (2) Genetic characteristics. For purposes of this section,
"genetic characteristics" means either of the following:
   (A) Any scientifically or medically identifiable gene or
chromosome, or combination or alteration thereof, that is known to be
a cause of a disease or disorder in a person or his or her
offspring, or that is determined to be associated with a
statistically increased risk of development of a disease or disorder,
and that is presently not associated with any symptoms of any
disease or disorder.
   (B) Inherited characteristics that may derive from the individual
or family member, that are known to be a cause of a disease or
disorder in a person or his or her offspring, or that are determined
to be associated with a statistically increased risk of development
of a disease or disorder, and that are presently not associated with
any symptoms of any disease or disorder.
   (j) "Mental disability" includes, but is not limited to, all of
the following:
   (1) Having any mental or psychological disorder or condition, such
as mental retardation, organic brain syndrome, emotional or mental
illness, or specific learning disabilities, that limits a major life
activity. For purposes of this section:
   (A) "Limits" shall be determined without regard to mitigating
measures, such as medications, assistive devices, or reasonable
accommodations, unless the mitigating measure itself limits a major
life activity.
   (B) A mental or psychological disorder or condition limits a major
life activity if it makes the achievement of the major life activity
difficult.
   (C) "Major life activities" shall be broadly construed and shall
include physical, mental, and social activities and working.
   (2) Any other mental or psychological disorder or condition not
described in paragraph (1) that requires special education or related
services.
   (3) Having a record or history of a mental or psychological
disorder or condition described in paragraph (1) or (2), which is
known to the employer or other entity covered by this part.
   (4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any mental condition
that makes achievement of a major life activity difficult.
   (5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a mental or
psychological disorder or condition that has no present disabling
effect, but that may become a mental disability as described in
paragraph (1) or (2).
   "Mental disability" does not include sexual behavior disorders,
compulsive gambling, kleptomania, pyromania, or psychoactive
substance use disorders resulting from the current unlawful use of
controlled substances or other drugs.
   (k) "On the bases enumerated in this part" means or refers to
discrimination on the basis of one or more of the following: race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, age, or sexual orientation.
   (l) "Physical disability" includes, but is not limited to, all of
the following:
   (1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:
   (A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
   (B) Limits a major life activity. For purposes of this section:
   (i) "Limits" shall be determined without regard to mitigating
measures such as medications, assistive devices, prosthetics, or
reasonable accommodations, unless the mitigating measure itself
limits a major life activity.
   (ii) A physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss limits a major life activity if it
makes the achievement of the major life activity difficult.
   (iii) "Major life activities" shall be broadly construed and
includes physical, mental, and social activities and working.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Having a record or history of a disease, disorder, condition,
cosmetic disfigurement, anatomical loss, or health impairment
described in paragraph (1) or (2), which is known to the employer or
other entity covered by this part.
   (4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any physical condition
that makes achievement of a major life activity difficult.
   (5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
   (6) "Physical disability" does not include sexual behavior
disorders, compulsive gambling, kleptomania, pyromania, or
psychoactive substance use disorders resulting from the current
unlawful use of controlled substances or other drugs.
   (m) Notwithstanding subdivisions (j) and (l), if the definition of
"disability" used in the federal Americans with Disabilities Act of
1990 (P.L. 101-336) would result in broader protection of the civil
rights of individuals with a mental disability or physical
disability, as defined in subdivision (j) or (l), or would include
any medical condition not included within those definitions, then
that broader protection or coverage shall be deemed incorporated by
reference into, and shall prevail over conflicting provisions of, the
definitions in subdivisions (j) and (l).
   (n) "Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, age, or sexual orientation"
includes a perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
   (o) "Reasonable accommodation" may include either of the
following:
   (1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
   (2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities.
   (p) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
   (q) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth. "Sex" also
includes, but is not limited to, a person's gender. "Gender" means
sex, and includes a person's gender identity and gender expression.
"Gender expression" means a person's gender-related appearance and
behavior whether or not stereotypically associated with the person's
assigned sex at birth.
   (r) "Sexual orientation" means heterosexuality, homosexuality, and
bisexuality.
   (s) "Supervisor" means any individual having the authority, in the
interest of the employer, to hire, transfer, suspend, layoff,
recall, promote, discharge, assign, reward, or discipline other
employees, or the responsibility to direct them, or to adjust their
grievances, or effectively to recommend that action, if, in
connection with the foregoing, the exercise of that authority is not
of a merely routine or clerical nature, but requires the use of
independent judgment.
   (t) "Undue hardship" means an action requiring significant
difficulty or expense, when considered in light of the following
factors:
   (1) The nature and cost of the accommodation needed.
   (2) The overall financial resources of the facilities involved in
the provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources
or the impact otherwise of these accommodations upon the operation of
the facility.
   (3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of employees, and the number, type, and location of its
facilities.
   (4) The type of operations, including the composition, structure,
and functions of the workforce of the entity.
   (5) The geographic separateness, administrative, or fiscal
relationship of the facility or facilities.
  SEC. 15.  Section 12930 of the Government Code is amended to read:
   12930.  The department shall have the following functions, powers,
and duties:
   (a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.
   (b) To meet and function at any place within the state.
   (c) To appoint attorneys, investigators, conciliators, and other
employees as it may deem necessary, fix their compensation within the
limitations provided by law, and prescribe their duties.
   (d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with respect
to housing discrimination, of conciliation councils.
   (e) To adopt, promulgate, amend, and rescind suitable rules and
regulations to carry out the functions and duties of the department
pursuant to this part.
   (f) (1) To receive, investigate, and conciliate complaints
alleging practices made unlawful pursuant to Chapter 6 (commencing
with Section 12940).
   (2) To receive, investigate, and conciliate complaints alleging a
violation of Section 51 , 51.5, 51.7, 54, 54.1, or 54.2 of the Civil
Code. The remedies and procedures of this part shall be independent
of any other remedy or procedure that might apply.
   (g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:
   (1) To issue subpoenas to require the attendance and testimony of
witnesses and the production of books, records, documents, and
physical materials.
   (2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.
   (3) To issue written interrogatories.
   (4) To request the production for inspection and copying of books,
records, documents, and physical materials.
   (5) To petition the superior courts to compel the appearance and
testimony of witnesses, the production of books, records, documents,
and physical materials, and the answering of interrogatories.
   (h) To issue accusations pursuant to Section 12965 or 12981 and to
prosecute those accusations before the commission.
   (i) To issue those publications and those results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination in employment on
the bases enumerated in this part and discrimination in housing
because of race, religious creed, color, sex, gender, gender
identity, gender expression, marital status, national origin,
ancestry, familial status, disability, or sexual orientation.
   (j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to be
engaged in pursuant to Section 12990.
   (k) To render annually to the Governor and to the Legislature a
written report of its activities and of its recommendations.
  SEC. 15.5.  Section 12930 of the Government Code is amended to
read:
   12930.  The department shall have the following functions, powers,
and duties:
   (a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.
   (b) To meet and function at any place within the state.
   (c) To appoint attorneys, investigators, conciliators, and other
employees as it may deem necessary, fix their compensation within the
limitations provided by law, and prescribe their duties.
   (d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with respect
to housing discrimination, of conciliation councils.
   (e) To adopt, promulgate, amend, and rescind suitable rules and
regulations to carry out the functions and duties of the department
pursuant to this part.
   (f) (1) To receive, investigate, and conciliate complaints
alleging practices made unlawful pursuant to Chapter 6 (commencing
with Section 12940).
   (2) To receive, investigate, and conciliate complaints alleging a
violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil
Code. The remedies and procedures of this part shall be independent
of any other remedy or procedure that might apply.
   (g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:
   (1) To issue subpoenas to require the attendance and testimony of
witnesses and the production of books, records, documents, and
physical materials.
   (2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.
   (3) To issue written interrogatories.
   (4) To request the production for inspection and copying of books,
records, documents, and physical materials.
   (5) To petition the superior courts to compel the appearance and
testimony of witnesses, the production of books, records, documents,
and physical materials, and the answering of interrogatories.
   (h) To issue accusations pursuant to Section 12965 or 12981 and to
prosecute those accusations before the commission.
   (i) To issue those publications and those results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination in employment on
the bases enumerated in this part and discrimination in housing
because of race, religious creed, color, sex, gender, gender
identity, gender expression, marital status, national origin,
ancestry, familial status, disability, genetic information, or sexual
orientation.
   (j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to be
engaged in pursuant to Section 12990.

(k) To render annually to the Governor and to the Legislature a
written report of its activities and of its recommendations.
  SEC. 16.  Section 12931 of the Government Code is amended to read:
   12931.  The department may also provide assistance to communities
and persons therein in resolving disputes, disagreements, or
difficulties relating to discriminatory practices based on race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, gender, gender identity, gender expression, familial status,
age, or sexual orientation that impair the rights of persons in those
communities under the Constitution or laws of the United States or
of this state. The services of the department may be made available
in cases of these disputes, disagreements, or difficulties only when,
in its judgment, peaceful relations among the citizens of the
community involved are threatened thereby. The department's services
are to be made available only upon the request of an appropriate
state or local public body, or upon the request of any person
directly affected by any such dispute, disagreement, or difficulty.
   The assistance of the department pursuant to this section shall be
limited to endeavors at investigation, conference, conciliation, and
persuasion.
  SEC. 16.5.  Section 12931 of the Government Code is amended to
read:
   12931.  The department may also provide assistance to communities
and persons therein in resolving disputes, disagreements, or
difficulties relating to discriminatory practices based on race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, familial status, age, or sexual orientation that impair
the rights of persons in those communities under the Constitution or
laws of the United States or of this state. The services of the
department may be made available in cases of these disputes,
disagreements, or difficulties only when, in its judgment, peaceful
relations among the citizens of the community involved are threatened
thereby. The department's services are to be made available only
upon the request of an appropriate state or local public body, or
upon the request of any person directly affected by any such dispute,
disagreement, or difficulty.
   The assistance of the department pursuant to this section shall be
limited to endeavors at investigation, conference, conciliation, and
persuasion.
  SEC. 17.  Section 12935 of the Government Code is amended to read:
   12935.  The commission shall have the following functions, powers,
and duties:
   (a) To adopt, promulgate, amend, and rescind suitable rules,
regulations, and standards (1) to interpret, implement, and apply all
provisions of this part, (2) to regulate the conduct of hearings
held pursuant to Sections 12967 and 12981, and (3) to carry out all
other functions and duties of the commission pursuant to this part.
   (b) To conduct hearings pursuant to Sections 12967 and 12981.
   (c) To conduct mediations at the request of the department at any
time after a complaint is filed pursuant to Section 12960, 12961, or
12980. The department may withdraw a request for mediation at any
time to pursue an investigation.
   (d) To establish and maintain a principal office within the state
and to meet and function at any place within the state.
   (e) To appoint an executive secretary, and any attorneys and other
employees as it may deem necessary, fix their compensation within
the limitations provided by law, and prescribe their duties.
   (f) To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, examine any person under oath and, in connection
therewith, to require the production of any books or papers relating
to any matter under investigation or in question before the
commission.
   (g) To create or provide financial or technical assistance to any
advisory agencies and conciliation councils, local or otherwise, as
in its judgment will aid in effectuating the purposes of this part,
and to empower them to study the problems of discrimination in all or
specific fields of human relationships or in particular instances of
employment discrimination on the bases enumerated in this part or in
specific instances of housing discrimination because of race,
religious creed, color, national origin, ancestry, familial status,
disability, marital status, sex, gender, gender identity, gender
expression, or sexual orientation and to foster, through community
effort or otherwise, good will, cooperation, and conciliation among
the groups and elements of the population of the state and to make
recommendations to the commission for the development of policies and
procedures in general. These advisory agencies and conciliation
councils shall be composed of representative citizens, serving
without pay.
   (h) With respect to findings and orders made pursuant to this
part, to establish a system of published opinions that shall serve as
precedent in interpreting and applying the provisions of this part.
Commission findings, orders, and opinions in an adjudicative
proceeding are subject to Section 11425.60.
   (i) To issue publications and results of inquiries and research
that in its judgment will tend to promote good will and minimize or
eliminate unlawful discrimination. These publications shall include
an annual report to the Governor and the Legislature of its
activities and recommendations.
   (j) Notwithstanding Sections 11370.3 and 11502, to appoint
administrative law judges, as it may deem necessary, to conduct
hearings and mediations. Each administrative law judge shall possess
the qualifications established by the State Personnel Board for the
particular class of position involved. The hearing officers of the
commission shall become administrative law judges on the effective
date of this subdivision.
  SEC. 17.5.  Section 12935 of the Government Code is amended to
read:
   12935.  The commission shall have the following functions, powers,
and duties:
   (a) To adopt, promulgate, amend, and rescind suitable rules,
regulations, and standards (1) to interpret, implement, and apply all
provisions of this part, (2) to regulate the conduct of hearings
held pursuant to Sections 12967 and 12981, and (3) to carry out all
other functions and duties of the commission pursuant to this part.
   (b) To conduct hearings pursuant to Sections 12967 and 12981.
   (c) To conduct mediations at the request of the department at any
time after a complaint is filed pursuant to Section 12960, 12961, or
12980. The department may withdraw a request for mediation at any
time to pursue an investigation.
   (d) To establish and maintain a principal office within the state
and to meet and function at any place within the state.
   (e) To appoint an executive secretary, and any attorneys and other
employees as it may deem necessary, fix their compensation within
the limitations provided by law, and prescribe their duties.
   (f) To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, examine any person under oath and, in connection
therewith, to require the production of any books or papers relating
to any matter under investigation or in question before the
commission.
   (g) To create or provide financial or technical assistance to any
advisory agencies and conciliation councils, local or otherwise, as
in its judgment will aid in effectuating the purposes of this part,
and to empower them to study the problems of discrimination in all or
specific fields of human relationships or in particular instances of
employment discrimination on the bases enumerated in this part or in
specific instances of housing discrimination because of race,
religious creed, color, national origin, ancestry, familial status,
disability, genetic information, marital status, sex, gender, gender
identity, gender expression, or sexual orientation and to foster,
through community effort or otherwise, good will, cooperation, and
conciliation among the groups and elements of the population of the
state and to make recommendations to the commission for the
development of policies and procedures in general. These advisory
agencies and conciliation councils shall be composed of
representative citizens, serving without pay.
   (h) With respect to findings and orders made pursuant to this
part, to establish a system of published opinions that shall serve as
precedent in interpreting and applying the provisions of this part.
Commission findings, orders, and opinions in an adjudicative
proceeding are subject to Section 11425.60.
   (i) To issue publications and results of inquiries and research
that in its judgment will tend to promote good will and minimize or
eliminate unlawful discrimination. These publications shall include
an annual report to the Governor and the Legislature of its
activities and recommendations.
   (j) Notwithstanding Sections 11370.3 and 11502, to appoint
administrative law judges, as it may deem necessary, to conduct
hearings and mediations. Each administrative law judge shall possess
the qualifications established by the State Personnel Board for the
particular class of position involved. The hearing officers of the
commission shall become administrative law judges on January 1, 2005.

  SEC. 18.  Section 12940 of the Government Code is amended to read:
   12940.  It is an unlawful employment practice, unless based upon a
bona fide occupational qualification, or, except where based upon
applicable security regulations established by the United States or
the State of California:
   (a) For an employer, because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, gender, gender identity,
gender expression, age, or sexual orientation of any person, to
refuse to hire or employ the person or to refuse to select the person
for a training program leading to employment, or to bar or to
discharge the person from employment or from a training program
leading to employment, or to discriminate against the person in
compensation or in terms, conditions, or privileges of employment.
   (1) This part does not prohibit an employer from refusing to hire
or discharging an employee with a physical or mental disability, or
subject an employer to any legal liability resulting from the refusal
to employ or the discharge of an employee with a physical or mental
disability, where the employee, because of his or her physical or
mental disability, is unable to perform his or her essential duties
even with reasonable accommodations, or cannot perform those duties
in a manner that would not endanger his or her health or safety or
the health or safety of others even with reasonable accommodations.
   (2) This part does not prohibit an employer from refusing to hire
or discharging an employee who, because of the employee's medical
condition, is unable to perform his or her essential duties even with
reasonable accommodations, or cannot perform those duties in a
manner that would not endanger the employee's health or safety or the
health or safety of others even with reasonable accommodations.
Nothing in this part shall subject an employer to any legal liability
resulting from the refusal to employ or the discharge of an employee
who, because of the employee's medical condition, is unable to
perform his or her essential duties, or cannot perform those duties
in a manner that would not endanger the employee's health or safety
or the health or safety of others even with reasonable
accommodations.
   (3) Nothing in this part relating to discrimination on account of
marital status shall do either of the following:
   (A) Affect the right of an employer to reasonably 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.
   (B) Prohibit bona fide health plans from providing additional or
greater benefits to employees with dependents than to those employees
without or with fewer dependents.
   (4) Nothing in this part relating to discrimination on account of
sex shall affect the right of an employer to use veteran status as a
factor in employee selection or to give special consideration to
Vietnam-era veterans.
   (5) (A) This part does not prohibit an employer from refusing to
employ an individual because of his or her age if the law compels or
provides for that refusal. Promotions within the existing staff,
hiring or promotion on the basis of experience and training, rehiring
on the basis of seniority and prior service with the employer, or
hiring under an established recruiting program from high schools,
colleges, universities, or trade schools do not, in and of
themselves, constitute unlawful employment practices.
   (B) The provisions of this part relating to discrimination on the
basis of age do not prohibit an employer from providing health
benefits or health care reimbursement plans to retired persons that
are altered, reduced, or eliminated when the person becomes eligible
for Medicare health benefits. This subparagraph applies to all
retiree health benefit plans and contractual provisions or practices
concerning retiree health benefits and health care reimbursement
plans in effect on or after January 1, 2011.
   (b) For a labor organization, because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, gender, gender
identity, gender expression, age, or sexual orientation of any
person, to exclude, expel, or restrict from its membership the
person, or to provide only second-class or segregated membership or
to discriminate against any person because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, gender, gender
identity, gender expression, age, or sexual orientation of the person
in the election of officers of the labor organization or in the
selection of the labor organization's staff or to discriminate in any
way against any of its members or against any employer or against
any person employed by an employer.
   (c) For any person to discriminate against any person in the
selection or training of that person in any apprenticeship training
program or any other training program leading to employment because
of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, sex, gender, gender identity, gender expression, age, or
sexual orientation of the person discriminated against.
   (d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any publication, or to make any
non-job-related inquiry of an employee or applicant, either verbal or
through use of an application form, that expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, gender, gender identity, gender expression, age, or sexual
orientation, or any intent to make any such limitation,
specification, or discrimination. This part does not prohibit an
employer or employment agency from inquiring into the age of an
applicant, or from specifying age limitations, where the law compels
or provides for that action.
   (e) (1) Except as provided in paragraph (2) or (3), for any
employer or employment agency to require any medical or psychological
examination of an applicant, to make any medical or psychological
inquiry of an applicant, to make any inquiry whether an applicant has
a mental disability or physical disability or medical condition, or
to make any inquiry regarding the nature or severity of a physical
disability, mental disability, or medical condition.
   (2) Notwithstanding paragraph (1), an employer or employment
agency may inquire into the ability of an applicant to perform
job-related functions and may respond to an applicant's request for
reasonable accommodation.
   (3) Notwithstanding paragraph (1), an employer or employment
agency may require a medical or psychological examination or make a
medical or psychological inquiry of a job applicant after an
employment offer has been made but prior to the commencement of
employment duties, provided that the examination or inquiry is
job-related and consistent with business necessity and that all
entering employees in the same job classification are subject to the
same examination or inquiry.
   (f) (1) Except as provided in paragraph (2), for any employer or
employment agency to require any medical or psychological examination
of an employee, to make any medical or psychological inquiry of an
employee, to make any inquiry whether an employee has a mental
disability, physical disability, or medical condition, or to make any
inquiry regarding the nature or severity of a physical disability,
mental disability, or medical condition.
   (2) Notwithstanding paragraph (1), an employer or employment
agency may require any examinations or inquiries that it can show to
be job-related and consistent with business necessity. An employer or
employment agency may conduct voluntary medical examinations,
including voluntary medical histories, which are part of an employee
health program available to employees at that worksite.
   (g) For any employer, labor organization, or employment agency to
harass, discharge, expel, or otherwise discriminate against any
person because the person has made a report pursuant to Section
11161.8 of the Penal Code that prohibits retaliation against hospital
employees who report suspected patient abuse by health facilities or
community care facilities.
   (h) For any employer, labor organization, employment agency, or
person to discharge, expel, or otherwise discriminate against any
person because the person has opposed any practices forbidden under
this part or because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (i) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts forbidden under this part, or to attempt to
do so.
   (j) (1) For an employer, labor organization, employment agency,
apprenticeship training program or any training program leading to
employment, or any other person, because of race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, gender, gender
identity, gender expression, age, or sexual orientation, to harass an
employee, an applicant, or a person providing services pursuant to a
contract. Harassment of an employee, an applicant, or a person
providing services pursuant to a contract by an employee, other than
an agent or supervisor, shall be unlawful if the entity, or its
agents or supervisors, knows or should have known of this conduct and
fails to take immediate and appropriate corrective action. An
employer may also be responsible for the acts of nonemployees, with
respect to sexual harassment of employees, applicants, or persons
providing services pursuant to a contract in the workplace, where the
employer, or its agents or supervisors, knows or should have known
of the conduct and fails to take immediate and appropriate corrective
action. In reviewing cases involving the acts of nonemployees, the
extent of the employer's control and any other legal responsibility
which the employer may have with respect to the conduct of those
nonemployees shall be considered. An entity shall take all reasonable
steps to prevent harassment from occurring. Loss of tangible job
benefits shall not be necessary in order to establish harassment.
   (2) The provisions of this subdivision are declaratory of existing
law, except for the new duties imposed on employers with regard to
harassment.
   (3) An employee of an entity subject to this subdivision is
personally liable for any harassment prohibited by this section that
is perpetrated by the employee, regardless of whether the employer or
covered entity knows or should have known of the conduct and fails
to take immediate and appropriate corrective action.
   (4) (A) For purposes of this subdivision only, "employer" means
any person regularly employing one or more persons or regularly
receiving the services of one or more persons providing services
pursuant to a contract, or any person acting as an agent of an
employer, directly or indirectly, the state, or any political or
civil subdivision of the state, and cities. The definition of
"employer" in subdivision (d) of Section 12926 applies to all
provisions of this section other than this subdivision.
   (B) Notwithstanding subparagraph (A), for purposes of this
subdivision, "employer" does not include a religious association or
corporation not organized for private profit, except as provided in
Section 12926.2.
   (C) For purposes of this subdivision, "harassment" because of sex
includes sexual harassment, gender harassment, and harassment based
on pregnancy, childbirth, or related medical conditions.
   (5) For purposes of this subdivision, "a person providing services
pursuant to a contract" means a person who meets all of the
following criteria:
   (A) The person has the right to control the performance of the
contract for services and discretion as to the manner of performance.

   (B) The person is customarily engaged in an independently
established business.
   (C) The person has control over the time and place the work is
performed, supplies the tools and instruments used in the work, and
performs work that requires a particular skill not ordinarily used in
the course of the employer's work.
   (k) For an employer, labor organization, employment agency,
apprenticeship training program, or any training program leading to
employment, to fail to take all reasonable steps necessary to prevent
discrimination and harassment from occurring.
   (  l  ) For an employer or other entity covered by this
part to refuse to hire or employ a person or to refuse to select a
person for a training program leading to employment or to bar or to
discharge a person from employment or from a training program leading
to employment, or to discriminate against a person in compensation
or in terms, conditions, or privileges of employment because of a
conflict between the person's religious belief or observance and any
employment requirement, unless the employer or other entity covered
by this part demonstrates that it has explored any available
reasonable alternative means of accommodating the religious belief or
observance, including the possibilities of excusing the person from
those duties that conflict with his or her religious belief or
observance or permitting those duties to be performed at another time
or by another person, but is unable to reasonably accommodate the
religious belief or observance without undue hardship on the conduct
of the business of the employer or other entity covered by this part.
Religious belief or observance, as used in this section, includes,
but is not limited to, observance of a Sabbath or other religious
holy day or days, and reasonable time necessary for travel prior and
subsequent to a religious observance.
   (m) For an employer or other entity covered by this part to fail
to make reasonable accommodation for the known physical or mental
disability of an applicant or employee. Nothing in this subdivision
or in paragraph (1) or (2) of subdivision (a) shall be construed to
require an accommodation that is demonstrated by the employer or
other covered entity to produce undue hardship to its operation.
   (n) For an employer or other entity covered by this part to fail
to engage in a timely, good faith, interactive process with the
employee or applicant to determine effective reasonable
accommodations, if any, in response to a request for reasonable
accommodation by an employee or applicant with a known physical or
mental disability or known medical condition.
   (o) For an employer or other entity covered by this part, to
subject, directly or indirectly, any employee, applicant, or other
person to a test for the presence of a genetic characteristic.
  SEC. 18.5.  Section 12940 of the Government Code is amended to
read:
   12940.  It is an unlawful employment practice, unless based upon a
bona fide occupational qualification, or, except where based upon
applicable security regulations established by the United States or
the State of California:
   (a) For an employer, because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, or sexual orientation of any
person, to refuse to hire or employ the person or to refuse to
select the person for a training program leading to employment, or to
bar or to discharge the person from employment or from a training
program leading to employment, or to discriminate against the person
in compensation or in terms, conditions, or privileges of employment.

   (1) This part does not prohibit an employer from refusing to hire
or discharging an employee with a physical or mental disability, or
subject an employer to any legal liability resulting from the refusal
to employ or the discharge of an employee with a physical or mental
disability, where the employee, because of his or her physical or
mental disability, is unable to perform his or her essential duties
even with reasonable accommodations, or cannot perform those duties
in a manner that would not endanger his or her health or safety or
the health or safety of others even with reasonable accommodations.
   (2) This part does not prohibit an employer from refusing to hire
or discharging an employee who, because of the employee's medical
condition, is unable to perform his or her essential duties even with
reasonable accommodations, or cannot perform those duties in a
manner that would not endanger the employee's health or safety or the
health or safety of others even with reasonable accommodations.
Nothing in this part shall subject an employer to any legal liability
resulting from the refusal to employ or the discharge of an employee
who, because of the employee's medical condition, is unable to
perform his or her essential duties, or cannot perform those duties
in a manner that would not endanger the employee's health or safety
or the health or safety of others even with reasonable
accommodations.
                                                     (3) Nothing in
this part relating to discrimination on account of marital status
shall do either of the following:
   (A) Affect the right of an employer to reasonably 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.
   (B) Prohibit bona fide health plans from providing additional or
greater benefits to employees with dependents than to those employees
without or with fewer dependents.
   (4) Nothing in this part relating to discrimination on account of
sex shall affect the right of an employer to use veteran status as a
factor in employee selection or to give special consideration to
Vietnam-era veterans.
   (5) (A) This part does not prohibit an employer from refusing to
employ an individual because of his or her age if the law compels or
provides for that refusal. Promotions within the existing staff,
hiring or promotion on the basis of experience and training, rehiring
on the basis of seniority and prior service with the employer, or
hiring under an established recruiting program from high schools,
colleges, universities, or trade schools do not, in and of
themselves, constitute unlawful employment practices.
   (B) The provisions of this part relating to discrimination on the
basis of age do not prohibit an employer from providing health
benefits or health care reimbursement plans to retired persons that
are altered, reduced, or eliminated when the person becomes eligible
for Medicare health benefits. This subparagraph applies to all
retiree health benefit plans and contractual provisions or practices
concerning retiree health benefits and health care reimbursement
plans in effect on or after January 1, 2011.
   (b) For a labor organization, because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, or sexual
orientation of any person, to exclude, expel, or restrict from its
membership the person, or to provide only second-class or segregated
membership or to discriminate against any person because of the race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age, or sexual orientation of the person in the election
of officers of the labor organization or in the selection of the
labor organization's staff or to discriminate in any way against any
of its members or against any employer or against any person employed
by an employer.
   (c) For any person to discriminate against any person in the
selection or training of that person in any apprenticeship training
program or any other training program leading to employment because
of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age, or sexual orientation of the person discriminated
against.
   (d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any publication, or to make any
non-job-related inquiry of an employee or applicant, either verbal or
through use of an application form, that expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age, or sexual orientation, or any intent to make any
such limitation, specification, or discrimination. This part does not
prohibit an employer or employment agency from inquiring into the
age of an applicant, or from specifying age limitations, where the
law compels or provides for that action.
   (e) (1) Except as provided in paragraph (2) or (3), for any
employer or employment agency to require any medical or psychological
examination of an applicant, to make any medical or psychological
inquiry of an applicant, to make any inquiry whether an applicant has
a mental disability or physical disability or medical condition, or
to make any inquiry regarding the nature or severity of a physical
disability, mental disability, or medical condition.
   (2) Notwithstanding paragraph (1), an employer or employment
agency may inquire into the ability of an applicant to perform
job-related functions and may respond to an applicant's request for
reasonable accommodation.
   (3) Notwithstanding paragraph (1), an employer or employment
agency may require a medical or psychological examination or make a
medical or psychological inquiry of a job applicant after an
employment offer has been made but prior to the commencement of
employment duties, provided that the examination or inquiry is job
related and consistent with business necessity and that all entering
employees in the same job classification are subject to the same
examination or inquiry.
   (f) (1) Except as provided in paragraph (2), for any employer or
employment agency to require any medical or psychological examination
of an employee, to make any medical or psychological inquiry of an
employee, to make any inquiry whether an employee has a mental
disability, physical disability, or medical condition, or to make any
inquiry regarding the nature or severity of a physical disability,
mental disability, or medical condition.
   (2) Notwithstanding paragraph (1), an employer or employment
agency may require any examinations or inquiries that it can show to
be job related and consistent with business necessity. An employer or
employment agency may conduct voluntary medical examinations,
including voluntary medical histories, which are part of an employee
health program available to employees at that worksite.
   (g) For any employer, labor organization, or employment agency to
harass, discharge, expel, or otherwise discriminate against any
person because the person has made a report pursuant to Section
11161.8 of the Penal Code that prohibits retaliation against hospital
employees who report suspected patient abuse by health facilities or
community care facilities.
   (h) For any employer, labor organization, employment agency, or
person to discharge, expel, or otherwise discriminate against any
person because the person has opposed any practices forbidden under
this part or because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (i) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts forbidden under this part, or to attempt to
do so.
   (j) (1) For an employer, labor organization, employment agency,
apprenticeship training program or any training program leading to
employment, or any other person, because of race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, or sexual
orientation, to harass an employee, an applicant, or a person
providing services pursuant to a contract. Harassment of an employee,
an applicant, or a person providing services pursuant to a contract
by an employee, other than an agent or supervisor, shall be unlawful
if the entity, or its agents or supervisors, knows or should have
known of this conduct and fails to take immediate and appropriate
corrective action. An employer may also be responsible for the acts
of nonemployees, with respect to sexual harassment of employees,
applicants, or persons providing services pursuant to a contract in
the workplace, where the employer, or its agents or supervisors,
knows or should have known of the conduct and fails to take immediate
and appropriate corrective action. In reviewing cases involving the
acts of nonemployees, the extent of the employer's control and any
other legal responsibility which the employer may have with respect
to the conduct of those nonemployees shall be considered. An entity
shall take all reasonable steps to prevent harassment from occurring.
Loss of tangible job benefits shall not be necessary in order to
establish harassment.
   (2) The provisions of this subdivision are declaratory of existing
law, except for the new duties imposed on employers with regard to
harassment.
   (3) An employee of an entity subject to this subdivision is
personally liable for any harassment prohibited by this section that
is perpetrated by the employee, regardless of whether the employer or
covered entity knows or should have known of the conduct and fails
to take immediate and appropriate corrective action.
   (4) (A) For purposes of this subdivision only, "employer" means
any person regularly employing one or more persons or regularly
receiving the services of one or more persons providing services
pursuant to a contract, or any person acting as an agent of an
employer, directly or indirectly, the state, or any political or
civil subdivision of the state, and cities. The definition of
"employer" in subdivision (d) of Section 12926 applies to all
provisions of this section other than this subdivision.
   (B) Notwithstanding subparagraph (A), for purposes of this
subdivision, "employer" does not include a religious association or
corporation not organized for private profit, except as provided in
Section 12926.2.
   (C) For purposes of this subdivision, "harassment" because of sex
includes sexual harassment, gender harassment, and harassment based
on pregnancy, childbirth, or related medical conditions.
   (5) For purposes of this subdivision, "a person providing services
pursuant to a contract" means a person who meets all of the
following criteria:
   (A) The person has the right to control the performance of the
contract for services and discretion as to the manner of performance.

   (B) The person is customarily engaged in an independently
established business.
   (C) The person has control over the time and place the work is
performed, supplies the tools and instruments used in the work, and
performs work that requires a particular skill not ordinarily used in
the course of the employer's work.
   (k) For an employer, labor organization, employment agency,
apprenticeship training program, or any training program leading to
employment, to fail to take all reasonable steps necessary to prevent
discrimination and harassment from occurring.
   (l) For an employer or other entity covered by this part to refuse
to hire or employ a person or to refuse to select a person for a
training program leading to employment or to bar or to discharge a
person from employment or from a training program leading to
employment, or to discriminate against a person in compensation or in
terms, conditions, or privileges of employment because of a conflict
between the person's religious belief or observance and any
employment requirement, unless the employer or other entity covered
by this part demonstrates that it has explored any available
reasonable alternative means of accommodating the religious belief or
observance, including the possibilities of excusing the person from
those duties that conflict with his or her religious belief or
observance or permitting those duties to be performed at another time
or by another person, but is unable to reasonably accommodate the
religious belief or observance without undue hardship on the conduct
of the business of the employer or other entity covered by this part.
Religious belief or observance, as used in this section, includes,
but is not limited to, observance of a Sabbath or other religious
holy day or days, and reasonable time necessary for travel prior and
subsequent to a religious observance.
   (m) For an employer or other entity covered by this part to fail
to make reasonable accommodation for the known physical or mental
disability of an applicant or employee. Nothing in this subdivision
or in paragraph (1) or (2) of subdivision (a) shall be construed to
require an accommodation that is demonstrated by the employer or
other covered entity to produce undue hardship to its operation.
   (n) For an employer or other entity covered by this part to fail
to engage in a timely, good faith, interactive process with the
employee or applicant to determine effective reasonable
accommodations, if any, in response to a request for reasonable
accommodation by an employee or applicant with a known physical or
mental disability or known medical condition.
   (o) For an employer or other entity covered by this part, to
subject, directly or indirectly, any employee, applicant, or other
person to a test for the presence of a genetic characteristic.
  SEC. 19.  Section 12944 of the Government Code is amended to read:
   12944.  (a) It shall be unlawful for a licensing board to require
any examination or establish any other qualification for licensing
that has an adverse impact on any class by virtue of its race, creed,
color, national origin or ancestry, sex, gender, gender identity,
gender expression, age, medical condition, physical disability,
mental disability, or sexual orientation, unless the practice can be
demonstrated to be job related.
   Where the commission, after hearing, determines that an
examination is unlawful under this subdivision, the licensing board
may continue to use and rely on the examination until such time as
judicial review by the superior court of the determination is
exhausted.
   If an examination or other qualification for licensing is
determined to be unlawful under this section, that determination
shall not void, limit, repeal, or otherwise affect any right,
privilege, status, or responsibility previously conferred upon any
person by the examination or by a license issued in reliance on the
examination or qualification.
   (b) It shall be unlawful for a licensing board to fail or refuse
to make reasonable accommodation to an individual's mental or
physical disability or medical condition.
   (c) It shall be unlawful for any licensing board, unless
specifically acting in accordance with federal equal employment
opportunity guidelines or regulations approved by the commission, to
print or circulate or cause to be printed or circulated any
publication, or to make any non-job-related inquiry, either verbal or
through use of an application form, which expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, sex, gender, gender
identity, gender expression, age, or sexual orientation or any
intent to make any such limitation, specification, or discrimination.
Nothing in this subdivision shall prohibit any licensing board from
making, in connection with prospective licensure or certification, an
inquiry as to, or a request for information regarding, the physical
fitness of applicants if that inquiry or request for information is
directly related and pertinent to the license or the licensed
position the applicant is applying for. Nothing in this subdivision
shall prohibit any licensing board, in connection with prospective
examinations, licensure, or certification, from inviting individuals
with physical or mental disabilities to request reasonable
accommodations or from making inquiries related to reasonable
accommodations.
   (d) It is unlawful for a licensing board to discriminate against
any person because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (e) It is unlawful for any licensing board to fail to keep records
of applications for licensing or certification for a period of two
years following the date of receipt of the applications.
   (f) As used in this section, "licensing board" means any state
board, agency, or authority in the State and Consumer Services Agency
that has the authority to grant licenses or certificates which are
prerequisites to employment eligibility or professional status.
  SEC. 19.5.  Section 12944 of the Government Code is amended to
read:
   12944.  (a) It shall be unlawful for a licensing board to require
any examination or establish any other qualification for licensing
that has an adverse impact on any class by virtue of its race, creed,
color, national origin or ancestry, sex, gender, gender identity,
gender expression, age, medical condition, genetic information,
physical disability, mental disability, or sexual orientation, unless
the practice can be demonstrated to be job related.
   Where the commission, after hearing, determines that an
examination is unlawful under this subdivision, the licensing board
may continue to use and rely on the examination until such time as
judicial review by the superior court of the determination is
exhausted.
   If an examination or other qualification for licensing is
determined to be unlawful under this section, that determination
shall not void, limit, repeal, or otherwise affect any right,
privilege, status, or responsibility previously conferred upon any
person by the examination or by a license issued in reliance on the
examination or qualification.
   (b) It shall be unlawful for a licensing board to fail or refuse
to make reasonable accommodation to an individual's mental or
physical disability or medical condition.
   (c) It shall be unlawful for any licensing board, unless
specifically acting in accordance with federal equal employment
opportunity guidelines or regulations approved by the commission, to
print or circulate or cause to be printed or circulated any
publication, or to make any non-job-related inquiry, either verbal or
through use of an application form, which expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, sex, gender, gender identity, gender expression, age, or
sexual orientation or any intent to make any such limitation,
specification, or discrimination. Nothing in this subdivision shall
prohibit any licensing board from making, in connection with
prospective licensure or certification, an inquiry as to, or a
request for information regarding, the physical fitness of applicants
if that inquiry or request for information is directly related and
pertinent to the license or the licensed position the applicant is
applying for. Nothing in this subdivision shall prohibit any
licensing board, in connection with prospective examinations,
licensure, or certification, from inviting individuals with physical
or mental disabilities to request reasonable accommodations or from
making inquiries related to reasonable accommodations.
   (d) It is unlawful for a licensing board to discriminate against
any person because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (e) It is unlawful for any licensing board to fail to keep records
of applications for licensing or certification for a period of two
years following the date of receipt of the applications.
   (f) As used in this section, "licensing board" means any state
board, agency, or authority in the State and Consumer Services Agency
that has the authority to grant licenses or certificates which are
prerequisites to employment eligibility or professional status.
  SEC. 20.  Section 12949 of the Government Code is amended to read:
   12949.  Nothing in this part relating to gender-based
discrimination affects the ability of an employer to require an
employee to adhere to reasonable workplace appearance, grooming, and
dress standards not precluded by other provisions of state or federal
law, provided that an employer shall allow an employee to appear or
dress consistently with the employee's gender identity or gender
expression.
  SEC. 21.  Section 12955 of the Government Code is amended to read:
   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, familial status, source of
income, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial
status, or disability of any person seeking to purchase, rent, or
lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, or disability or an
intention to make that preference, limitation, or discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, gender, gender
identity, gender expression, sexual orientation, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, source of income, or on any other basis prohibited by
that section. Selection preferences based on age, imposed in
connection with a federally approved housing program, do not
constitute age discrimination in housing.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part. Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, ancestry,
disability, source of income, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, source of income, familial
status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
ancestry, disability, familial status, source of income, or national
origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, familial status,
source of income, disability, or national origin.
   (  l  ) To discriminate through public or private land
use practices, decisions, and authorizations because of race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, familial status, marital status, disability, national
origin, source of income, or ancestry. Discrimination includes, but
is not limited to, restrictive covenants, zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning
Law (Title 7 (commencing with Section 65000)), that make housing
opportunities unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void. This
paragraph shall become operative on January 1, 2001.
   (m) As used in this section, "race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income,
or disability" includes a perception that the person has any of
those characteristics or that the person is associated with a person
who has, or is perceived to have, any of those characteristics.
   (n) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
   (o) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
   (p) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant. For the purposes of this section, a
landlord is not considered a representative of a tenant.
   (2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.
      SEC. 21.5.  Section 12955 of the Government Code is amended to
read:
   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, familial status, source of
income, disability, or genetic information of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial
status, disability, or genetic information of any person seeking to
purchase, rent, or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability, or genetic
information or an intention to make that preference, limitation, or
discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, gender, gender
identity, gender expression, sexual orientation, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, genetic information, source of income, or on any other
basis prohibited by that section. Selection preferences based on age,
imposed in connection with a federally approved housing program, do
not constitute age discrimination in housing.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability, or genetic
information in the terms, conditions, or privileges relating to the
obtaining or use of that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part. Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, ancestry,
disability, genetic information, source of income, familial status,
or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, source of income, familial
status, disability, or genetic information.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
ancestry, disability, genetic information, familial status, source of
income, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, familial status,
source of income, disability, genetic information, or national
origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
familial status, marital status, disability, genetic information,
national origin, source of income, or ancestry. Discrimination
includes, but is not limited to, restrictive covenants, zoning laws,
denials of use permits, and other actions authorized under the
Planning and Zoning Law (Title 7 (commencing with Section 65000)),
that make housing opportunities unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.
   (m) As used in this section, "race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income,
disability, or genetic information," includes a perception that the
person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics.
   (n) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
   (o) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
   (p) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant. For the purposes of this section, a
landlord is not considered a representative of a tenant.
   (2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.
  SEC. 22.  Section 12955.8 of the Government Code is amended to
read:
   12955.8.  For purposes of this article, in connection with
unlawful practices:
   (a) Proof of an intentional violation of this article includes,
but is not limited to, an act or failure to act that is otherwise
covered by this part, that demonstrates an intent to discriminate in
any manner in violation of this part. A person intends to
discriminate if race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, national
origin, ancestry, familial status, source of income, or disability is
a motivating factor in committing a discriminatory housing practice
even though other factors may have also motivated the practice. An
intent to discriminate may be established by direct or circumstantial
evidence.
   (b) Proof of a violation causing a discriminatory effect is shown
if an act or failure to act that is otherwise covered by this part,
and that has the effect, regardless of intent, of unlawfully
discriminating on the basis of race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income,
or disability. A business establishment whose action or inaction has
an unintended discriminatory effect shall not be considered to have
committed an unlawful housing practice in violation of this part if
the business establishment can establish that the action or inaction
is necessary to the operation of the business and effectively carries
out the significant business need it is alleged to serve. In cases
that do not involve a business establishment, the person whose action
or inaction has an unintended discriminatory effect shall not be
considered to have committed an unlawful housing practice in
violation of this part if the person can establish that the action or
inaction is necessary to achieve an important purpose sufficiently
compelling to override the discriminatory effect and effectively
carries out the purpose it is alleged to serve.
   (1) Any determination of a violation pursuant to this subdivision
shall consider whether or not there are feasible alternatives that
would equally well or better accomplish the purpose advanced with a
less discriminatory effect.
   (2) For purposes of this subdivision, the term "business
establishment" shall have the same meaning as in Section 51 of the
Civil Code.
  SEC. 22.5.  Section 12955.8 of the Government Code is amended to
read:
   12955.8.  For purposes of this article, in connection with
unlawful practices:
   (a) Proof of an intentional violation of this article includes,
but is not limited to, an act or failure to act that is otherwise
covered by this part, that demonstrates an intent to discriminate in
any manner in violation of this part. A person intends to
discriminate if race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, national
origin, ancestry, familial status, source of income, disability, or
genetic information is a motivating factor in committing a
discriminatory housing practice even though other factors may have
also motivated the practice. An intent to discriminate may be
established by direct or circumstantial evidence.
   (b) Proof of a violation causing a discriminatory effect is shown
if an act or failure to act that is otherwise covered by this part,
and that has the effect, regardless of intent, of unlawfully
discriminating on the basis of race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income,
disability, or genetic information. A business establishment whose
action or inaction has an unintended discriminatory effect shall not
be considered to have committed an unlawful housing practice in
violation of this part if the business establishment can establish
that the action or inaction is necessary to the operation of the
business and effectively carries out the significant business need it
is alleged to serve. In cases that do not involve a business
establishment, the person whose action or inaction has an unintended
discriminatory effect shall not be considered to have committed an
unlawful housing practice in violation of this part if the person can
establish that the action or inaction is necessary to achieve an
important purpose sufficiently compelling to override the
discriminatory effect and effectively carries out the purpose it is
alleged to serve.
   (1) Any determination of a violation pursuant to this subdivision
shall consider whether or not there are feasible alternatives that
would equally well or better accomplish the purpose advanced with a
less discriminatory effect.
   (2) For purposes of this subdivision, the term "business
establishment" shall have the same meaning as in Section 51 of the
Civil Code.
  SEC. 23.  Section 12956.1 of the Government Code is amended to
read:
   12956.1.  (a) As used in this section, "association," "governing
documents," and "declaration" have the same meanings as set forth in
Section 1351 of the Civil Code.
   (b) (1) A county recorder, title insurance company, escrow
company, real estate broker, real estate agent, or association that
provides a copy of a declaration, governing document, or deed to any
person shall place a cover page or stamp on the first page of the
previously recorded document or documents stating, in at least
14-point boldface type, the following:
   "If this document contains any restriction based on race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, familial status, marital status, disability, national
origin, source of income as defined in subdivision (p) of Section
12955, or ancestry, that restriction violates state and federal fair
housing laws and is void, and may be removed pursuant to Section
12956.2 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on
familial status."
   (2) The requirements set forth in paragraph (1) shall not apply to
documents being submitted for recordation to a county recorder.
   (c) Any person who records a document for the express purpose of
adding a racially restrictive covenant is guilty of a misdemeanor.
The county recorder shall not incur any liability for recording the
document. Notwithstanding any other provision of law, a prosecution
for a violation of this subdivision shall commence within three years
after the discovery of the recording of the document.
  SEC. 23.5.  Section 12956.1 of the Government Code is amended to
read:
   12956.1.  (a) As used in this section, "association," "governing
documents," and "declaration" have the same meanings as set forth in
Section 1351 of the Civil Code.
   (b) (1) A county recorder, title insurance company, escrow
company, real estate broker, real estate agent, or association that
provides a copy of a declaration, governing document, or deed to any
person shall place a cover page or stamp on the first page of the
previously recorded document or documents stating, in at least
14-point boldface type, the following:
   "If this document contains any restriction based on race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, familial status, marital status, disability, genetic
information, national origin, source of income as defined in
subdivision (p) of Section 12955, or ancestry, that restriction
violates state and federal fair housing laws and is void, and may be
removed pursuant to Section 12956.2 of the Government Code. Lawful
restrictions under state and federal law on the age of occupants in
senior housing or housing for older persons shall not be construed as
restrictions based on familial status."
   (2) The requirements set forth in paragraph (1) shall not apply to
documents being submitted for recordation to a county recorder.
   (c) Any person who records a document for the express purpose of
adding a racially restrictive covenant is guilty of a misdemeanor.
The county recorder shall not incur any liability for recording the
document. Notwithstanding any other provision of law, a prosecution
for a violation of this subdivision shall commence within three years
after the discovery of the recording of the document.
  SEC. 24.  Section 12956.2 of the Government Code is amended to
read:
   12956.2.  (a) A person who holds an ownership interest of record
in property that he or she believes is the subject of an unlawfully
restrictive covenant in violation of subdivision (l) of Section 12955
may record a document titled Restrictive Covenant Modification. The
county recorder may choose to waive the fee prescribed for recording
and indexing instruments pursuant to Section 27361 in the case of the
modification document provided for in this section. The modification
document shall include a complete copy of the original document
containing the unlawfully restrictive language with the unlawfully
restrictive language stricken.
   (b) Before recording the modification document, the county
recorder shall submit the modification document and the original
document to the county counsel who shall determine whether the
original document contains an unlawful restriction based on race,
color, religion, sex, gender, gender identity, gender expression,
sexual orientation, familial status, marital status, disability,
national origin, source of income as defined in subdivision (p) of
Section 12955, or ancestry. The county counsel shall return the
documents and inform the county recorder of its determination. The
county recorder shall refuse to record the modification document if
the county counsel finds that the original document does not contain
an unlawful restriction as specified in this paragraph.
   (c) The modification document shall be indexed in the same manner
as the original document being modified. It shall contain a recording
reference to the original document in the form of a book and page or
instrument number, and date of the recording.
   (d) Subject to covenants, conditions, and restrictions that were
recorded after the recording of the original document that contains
the unlawfully restrictive language and subject to covenants,
conditions, and restrictions that will be recorded after the
Restrictive Covenant Modification, the restrictions in the
Restrictive Covenant Modification, once recorded, are the only
restrictions having effect on the property. The effective date of the
terms and conditions of the modification document shall be the same
as the effective date of the original document.
   (e) The county recorder shall make available to the public
Restrictive Covenant Modification forms.
   (f) If the holder of an ownership interest of record in property
causes to be recorded a modified document pursuant to this section
that contains modifications not authorized by this section, the
county recorder shall not incur liability for recording the document.
The liability that may result from the unauthorized recordation is
the sole responsibility of the holder of the ownership interest of
record who caused the modified recordation.
   (g) This section does not apply to persons holding an ownership
interest in property that is part of a common interest development as
defined in subdivision (c) of Section 1351 of the Civil Code if the
board of directors of that common interest development is subject to
the requirements of subdivision (b) of Section 1352.5 of the Civil
Code.
  SEC. 24.5.  Section 12956.2 of the Government Code is amended to
read:
   12956.2.  (a) A person who holds an ownership interest of record
in property that he or she believes is the subject of an unlawfully
restrictive covenant in violation of subdivision (l) of Section 12955
may record a document titled Restrictive Covenant Modification. The
county recorder may choose to waive the fee prescribed for recording
and indexing instruments pursuant to Section 27361 in the case of the
modification document provided for in this section. The modification
document shall include a complete copy of the original document
containing the unlawfully restrictive language with the unlawfully
restrictive language stricken.
   (b) Before recording the modification document, the county
recorder shall submit the modification document and the original
document to the county counsel who shall determine whether the
original document contains an unlawful restriction based on race,
color, religion, sex, gender, gender identity, gender expression,
sexual orientation, familial status, marital status, disability,
genetic information, national origin, source of income as defined in
subdivision (p) of Section 12955, or ancestry. The county counsel
shall return the documents and inform the county recorder of its
determination. The county recorder shall refuse to record the
modification document if the county counsel finds that the original
document does not contain an unlawful restriction as specified in
this paragraph.
   (c) The modification document shall be indexed in the same manner
as the original document being modified. It shall contain a recording
reference to the original document in the form of a book and page or
instrument number, and date of the recording.
   (d) Subject to covenants, conditions, and restrictions that were
recorded after the recording of the original document that contains
the unlawfully restrictive language and subject to covenants,
conditions, and restrictions that will be recorded after the
Restrictive Covenant Modification, the restrictions in the
Restrictive Covenant Modification, once recorded, are the only
restrictions having effect on the property. The effective date of the
terms and conditions of the modification document shall be the same
as the effective date of the original document.
   (e) The county recorder shall make available to the public
Restrictive Covenant Modification forms.
   (f) If the holder of an ownership interest of record in property
causes to be recorded a modified document pursuant to this section
that contains modifications not authorized by this section, the
county recorder shall not incur liability for recording the document.
The liability that may result from the unauthorized recordation is
the sole responsibility of the holder of the ownership interest of
record who caused the modified recordation.
   (g) This section does not apply to persons holding an ownership
interest in property that is part of a common interest development as
defined in subdivision (c) of Section 1351 of the Civil Code if the
board of directors of that common interest development is subject to
the requirements of subdivision (b) of Section 1352.5 of the Civil
Code.
  SEC. 25.  Section 676.10 of the Insurance Code is amended to read:
   676.10.  (a) This section applies to policies covered by Section
675, 675.5, or 676.5 if the insured is a religious organization
described in clause (i) of subparagraph (A) of paragraph (1) of
subsection (b) of Section 170 of Title 26 of the United States Code,
an educational organization described in clause (ii) of subparagraph
(A) of paragraph (1) of subsection (b) of Section 170 of Title 26 of
the United States Code, or other nonprofit organization described in
clause (vi) of subparagraph (A) of paragraph (1) of subsection (b) of
Section 170 of Title 26 of the United States Code that is organized
and operated for religious, charitable, or educational purposes, or a
reproductive health services facility, as defined in subdivision (h)
of Section 423.1 of the Penal Code, or its administrative offices.
   (b) No insurer issuing policies subject to this section shall
cancel or refuse to renew the policy, nor shall any premium be
excessive or unfairly discriminatory solely on the basis that one or
more claims has been made against the policy during the preceding 60
months for a loss that is the result of a hate crime committed
against the person or property of the insured, or an antireproductive
rights crime.
   (c) As it relates to this section, if determined by a law
enforcement agency, a "hate crime" may include any of the following:
   (1) By force or threat of force, willfully injure, intimidate,
interfere with, oppress, or threaten any other person in the free
exercise or enjoyment of any right or privilege secured to him or her
by the Constitution or laws of this state or by the Constitution or
laws of the United States because of the other person's race, color,
religion, ancestry, national origin, disability, gender, gender
identity, gender expression, or sexual orientation, or because he or
she perceives that the other person has one or more of those
characteristics. However, the foregoing offense does not include
speech alone, except upon a showing that the speech itself threatened
violence against a specific person or group of persons and that the
defendant had the apparent ability to carry out the threat.
   (2) Knowingly deface, damage, or destroy the real or personal
property of any other person for the purpose of intimidating or
interfering with the free exercise or enjoyment of any right or
privilege secured to the other person by the Constitution or laws of
this state or by the Constitution or laws of the United States,
because of the other person's race, color, religion, ancestry,
national origin, disability, gender, gender identity, gender
expression, or sexual orientation, or because he or she perceives
that the other person has one or more of those characteristics.
   (d) As it relates to this section, if determined by a law
enforcement agency, "anti-reproductive-rights crime" shall have the
meaning set forth in subdivision (a) of Section 13776 of the Penal
Code, and shall also include a violation of subdivision (e) of
Section 423.2 of the Penal Code, if the crime results in a covered
loss under a policy subject to this section.
   (e) Upon cancellation of or refusal to renew a policy subject to
this section after an insured has submitted a claim to the insurer
that is the result of a hate crime committed against the person or
property of the insured, or an anti-reproductive-rights crime, the
insurer shall report the cancellation or nonrenewal to the
commissioner.
   (f) A violation of this section shall be an unfair practice
subject to Article 6.5 (commencing with Section 790) of Chapter 1 of
Division 2.
   (g) Nothing in this section shall prevent an insurer subject to
this section from taking any of the actions set forth in subdivision
(b) on the basis of criteria not otherwise made invalid by this
section or any other act, regulation, or law.
  SEC. 26.  Section 10140 of the Insurance Code is amended to read:
   10140.  (a) No admitted insurer, licensed to issue life or
disability insurance, shall fail or refuse to accept an application
for that insurance, to issue that insurance to an applicant therefor,
or issue or cancel that insurance, under conditions less favorable
to the insured than in other comparable cases, except for reasons
applicable alike to persons of every race, color, religion, sex,
gender, gender identity, gender expression, national origin,
ancestry, or sexual orientation. Race, color, religion, national
origin, ancestry, or sexual orientation shall not, of itself,
constitute a condition or risk for which a higher rate, premium, or
charge may be required of the insured for that insurance. Unless
otherwise prohibited by law, premium, price, or charge differentials
because of the sex of any individual when based on objective, valid,
and up-to-date statistical and actuarial data or sound underwriting
practices are not prohibited.
   (b) Except as otherwise permitted by law, no admitted insurer,
licensed to issue disability insurance policies for hospital,
                                          medical, and surgical
expenses, shall fail or refuse to accept an application for that
insurance, fail or refuse to issue that insurance to an applicant
therefor, cancel that insurance, refuse to renew that insurance,
charge a higher rate or premium for that insurance, or offer or
provide different terms, conditions, or benefits, or place a
limitation on coverage under that insurance, on the basis of a person'
s genetic characteristics that may, under some circumstances, be
associated with disability in that person or that person's offspring.

   (c) No admitted insurer, licensed to issue disability insurance
for hospital, medical, and surgical expenses, shall seek information
about a person's genetic characteristics for any nontherapeutic
purpose.
   (d) No discrimination shall be made in the fees or commissions of
agents or brokers for writing or renewing a policy of disability
insurance, other than disability income, on the basis of a person's
genetic characteristics that may, under some circumstances, be
associated with disability in that person or that person's offspring.

   (e) It shall be deemed a violation of subdivision (a) for any
insurer to consider sexual orientation in its underwriting criteria
or to utilize marital status, living arrangements, occupation, sex,
beneficiary designation, ZIP Codes or other territorial
classification within this state, or any combination thereof for the
purpose of establishing sexual orientation or determining whether to
require a test for the presence of the human immunodeficiency virus
or antibodies to that virus, where that testing is otherwise
permitted by law. Nothing in this section shall be construed to
alter, expand, or limit in any manner the existing law respecting the
authority of insurers to conduct tests for the presence of human
immunodeficiency virus or evidence thereof.
   (f) This section shall not be construed to limit the authority of
the commissioner to adopt regulations prohibiting discrimination
because of sex, marital status, or sexual orientation or to enforce
these regulations, whether adopted before or on or after January 1,
1991.
   (g) "Genetic characteristics" as used in this section shall have
the same meaning as defined in Section 10123.3.
   (h) "Sex" as used in this section shall have the same meaning as
"gender." "Gender" means sex, and includes a person's gender identity
and gender expression. "Gender expression" means a person's
gender-related appearance and behavior whether or not stereotypically
associated with the person's assigned sex at birth.
  SEC. 27.  Section 10140.2 of the Insurance Code is amended to read:

   10140.2.  (a) Notwithstanding Section 10140, a health insurance
policy issued, amended, or renewed on or after January 1, 2011, shall
not be subject to premium, price, or charge differentials because of
the sex of any contracting party, potential contracting party, or
person reasonably expected to benefit from the policy as a
policyholder, insured, or otherwise.
   (b) For purposes of this section, "sex" shall have the same
meaning as "gender." "Gender" means sex, and includes a person's
gender identity and gender expression. "Gender expression" means a
person's gender-related appearance and behavior whether or not
stereotypically associated with the person's assigned sex at birth.
  SEC. 28.  Section 12693.28 of the Insurance Code is amended to
read:
   12693.28.  The program shall be administered without regard to
gender, gender identity, gender expression, race, creed, color,
sexual orientation, health status, disability, or occupation.
  SEC. 29.  Section 3600 of the Labor Code is amended to read:
   3600.  (a) Liability for the compensation provided by this
division, in lieu of any other liability whatsoever to any person
except as otherwise specifically provided in Sections 3602, 3706, and
4558, shall, without regard to negligence, exist against an employer
for any injury sustained by his or her employees arising out of and
in the course of the employment and for the death of any employee if
the injury proximately causes death, in those cases where the
following conditions of compensation concur:
   (1) Where, at the time of the injury, both the employer and the
employee are subject to the compensation provisions of this division.

   (2) Where, at the time of the injury, the employee is performing
service growing out of and incidental to his or her employment and is
acting within the course of his or her employment.
   (3) Where the injury is proximately caused by the employment,
either with or without negligence.
   (4) Where the injury is not caused by the intoxication, by alcohol
or the unlawful use of a controlled substance, of the injured
employee. As used in this paragraph, "controlled substance" shall
have the same meaning as prescribed in Section 11007 of the Health
and Safety Code.
   (5) Where the injury is not intentionally self-inflicted.
   (6) Where the employee has not willfully and deliberately caused
his or her own death.
   (7) Where the injury does not arise out of an altercation in which
the injured employee is the initial physical aggressor.
   (8) Where the injury is not caused by the commission of a felony,
or a crime which is punishable as specified in subdivision (b) of
Section 17 of the Penal Code, by the injured employee, for which he
or she has been convicted.
   (9) Where the injury does not arise out of voluntary participation
in any off-duty recreational, social, or athletic activity not
constituting part of the employee's work-related duties, except where
these activities are a reasonable expectancy of, or are expressly or
impliedly required by, the employment. The administrative director
shall promulgate reasonable rules and regulations requiring employers
to post and keep posted in a conspicuous place or places a notice
advising employees of the provisions of this subdivision. Failure of
the employer to post the notice shall not constitute an expression of
intent to waive the provisions of this subdivision.
   (10) Except for psychiatric injuries governed by subdivision (e)
of Section 3208.3, where the claim for compensation is filed after
notice of termination or layoff, including voluntary layoff, and the
claim is for an injury occurring prior to the time of notice of
termination or layoff, no compensation shall be paid unless the
employee demonstrates by a preponderance of the evidence that one or
more of the following conditions apply:
   (A) The employer has notice of the injury, as provided under
Chapter 2 (commencing with Section 5400), prior to the notice of
termination or layoff.
   (B) The employee's medical records, existing prior to the notice
of termination or layoff, contain evidence of the injury.
   (C) The date of injury, as specified in Section 5411, is
subsequent to the date of the notice of termination or layoff, but
prior to the effective date of the termination or layoff.
   (D) The date of injury, as specified in Section 5412, is
subsequent to the date of the notice of termination or layoff.
   For purposes of this paragraph, an employee provided notice
pursuant to Sections 44948.5, 44949, 44951, 44955, 72411, 87740, and
87743 of the Education Code shall be considered to have been provided
a notice of termination or layoff only upon a district's final
decision not to reemploy that person.
   A notice of termination or layoff that is not followed within 60
days by that termination or layoff shall not be subject to the
provisions of this paragraph, and this paragraph shall not apply
until receipt of a later notice of termination or layoff. The
issuance of frequent notices of termination or layoff to an employee
shall be considered a bad faith personnel action and shall make this
paragraph inapplicable to the employee.
   (b) Where an employee, or his or her dependents, receives the
compensation provided by this division and secures a judgment for, or
settlement of, civil damages pursuant to those specific exemptions
to the employee's exclusive remedy set forth in subdivision (b) of
Section 3602 and Section 4558, the compensation paid under this
division shall be credited against the judgment or settlement, and
the employer shall be relieved from the obligation to pay further
compensation to, or on behalf of, the employee or his or her
dependents up to the net amount of the judgment or settlement
received by the employee or his or her heirs, or that portion of the
judgment as has been satisfied.
   (c) For purposes of determining whether to grant or deny a workers'
compensation claim, if an employee is injured or killed by a third
party in the course of the employee's employment, no personal
relationship or personal connection shall be deemed to exist between
the employee and the third party based only on a determination that
the third party injured or killed the employee solely because of the
third party's personal beliefs relating to his or her perception of
the employee's race, religious creed, color, national origin, age,
disability, sex, gender, gender identity, gender expression, or
sexual orientation.
  SEC. 30.  Section 186.21 of the Penal Code is amended to read:
   186.21.  The Legislature hereby finds and declares that it is the
right of every person, regardless of race, color, creed, religion,
national origin, gender, gender identity, gender expression, age,
sexual orientation, or handicap, to be secure and protected from
fear, intimidation, and physical harm caused by the activities of
violent groups and individuals. It is not the intent of this chapter
to interfere with the exercise of the constitutionally protected
rights of freedom of expression and association. The Legislature
hereby recognizes the constitutional right of every citizen to harbor
and express beliefs on any lawful subject whatsoever, to lawfully
associate with others who share similar beliefs, to petition lawfully
constituted authority for a redress of perceived grievances, and to
participate in the electoral process.
   The Legislature, however, further finds that the State of
California is in a state of crisis which has been caused by violent
street gangs whose members threaten, terrorize, and commit a
multitude of crimes against the peaceful citizens of their
neighborhoods. These activities, both individually and collectively,
present a clear and present danger to public order and safety and are
not constitutionally protected. The Legislature finds that there are
nearly 600 criminal street gangs operating in California, and that
the number of gang-related murders is increasing. The Legislature
also finds that in Los Angeles County alone there were 328
gang-related murders in 1986, and that gang homicides in 1987 have
increased 80 percent over 1986. It is the intent of the Legislature
in enacting this chapter to seek the eradication of criminal activity
by street gangs by focusing upon patterns of criminal gang activity
and upon the organized nature of street gangs, which together, are
the chief source of terror created by street gangs. The Legislature
further finds that an effective means of punishing and deterring the
criminal activities of street gangs is through forfeiture of the
profits, proceeds, and instrumentalities acquired, accumulated, or
used by street gangs.
  SEC. 31.  Section 422.56 of the Penal Code is amended to read:
   422.56.  For purposes of this title, the following definitions
shall apply:
   (a) "Association with a person or group with these actual or
perceived characteristics" includes advocacy for, identification
with, or being on the ground owned or rented by, or adjacent to, any
of the following: a community center, educational facility, family,
individual, office, meeting hall, place of worship, private
institution, public agency, library, or other entity, group, or
person that has, or is identified with people who have, one or more
of those characteristics listed in the definition of "hate crime"
under paragraphs (1) to (6), inclusive, of subdivision (a) of Section
422.55.
   (b) "Disability" includes mental disability and physical
disability as defined in Section 12926 of the Government Code.
   (c) "Gender" means sex, and includes a person's gender identity
and gender expression. "Gender expression" means a person's
gender-related appearance and behavior whether or not stereotypically
associated with the person's assigned sex at birth.
   (d) "In whole or in part because of" means that the bias
motivation must be a cause in fact of the offense, whether or not
other causes also exist. When multiple concurrent motives exist, the
prohibited bias must be a substantial factor in bringing about the
particular result. There is no requirement that the bias be a main
factor, or that the crime would not have been committed but for the
actual or perceived characteristic. This subdivision does not
constitute a change in, but is declaratory of, existing law under In
re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman)
(1995) 10 Cal.4th 735.
   (e) "Nationality" includes citizenship, country of origin, and
national origin.
   (f) "Race or ethnicity" includes ancestry, color, and ethnic
background.
   (g) "Religion" includes all aspects of religious belief,
observance, and practice and includes agnosticism and atheism.
   (h) "Sexual orientation" means heterosexuality, homosexuality, or
bisexuality.
   (i) "Victim" includes, but is not limited to, a community center,
educational facility, entity, family, group, individual, office,
meeting hall, person, place of worship, private institution, public
agency, library, or other victim or intended victim of the offense.
  SEC. 32.  Section 422.85 of the Penal Code is amended to read:
   422.85.  (a) In the case of any person who is convicted of any
offense against the person or property of another individual, private
institution, or public agency, committed because of the victim's
actual or perceived race, color, ethnicity, religion, nationality,
country of origin, ancestry, disability, gender, gender identity,
gender expression, or sexual orientation, including, but not limited
to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or
11413, or for any hate crime, the court, absent compelling
circumstances stated on the record, shall make an order protecting
the victim, or known immediate family or domestic partner of the
victim, from further acts of violence, threats, stalking, or
harassment by the defendant, including any stay-away conditions the
court deems appropriate, and shall make obedience of that order a
condition of the defendant's probation. In these cases the court may
also order that the defendant be required to do one or more of the
following as a condition of probation:
   (1) Complete a class or program on racial or ethnic sensitivity,
or other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
antisocial behavior if that class, program, or training is available
and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
   (2) Make payments or other compensation to a community-based
program or local agency that provides services to victims of hate
violence.
   (3) Reimburse the victim for reasonable costs of counseling and
other reasonable expenses that the court finds are the direct result
of the defendant's acts.
   (b) Any payments or other compensation ordered under this section
shall be in addition to restitution payments required under Section
1203.04, and shall be made only after that restitution is paid in
full.
  SEC. 33.  Section 3053.4 of the Penal Code is amended to read:
   3053.4.  In the case of any person who is released from prison on
parole or after serving a term of imprisonment for any felony offense
committed against the person or property of another individual,
private institution, or public agency because of the victim's actual
or perceived race, color, ethnicity, religion, nationality, country
of origin, ancestry, disability, gender, gender identity, gender
expression, or sexual orientation, including, but not limited to,
offenses defined in Section 422.6, 422.7, 422.75, 594.3, or 11411,
the parole authority, absent compelling circumstances, shall order
the defendant as a condition of parole to refrain from further acts
of violence, threats, stalking, or harassment of the victim, or known
immediate family or domestic partner of the victim, including
stay-away conditions when appropriate. In these cases, the parole
authority may also order that the defendant be required as a
condition of parole to complete a class or program on racial or
ethnic sensitivity, or other similar training in the area of civil
rights, or a one-year counseling program intended to reduce the
tendency toward violent and antisocial behavior if that class,
program, or training is available and was developed or authorized by
the court or local agencies in cooperation with organizations serving
the affected community.
  SEC. 34.  Section 11410 of the Penal Code is amended to read:
   11410.  (a) The Legislature finds and declares that it is the
right of every person regardless of actual or perceived disability,
gender, gender identity, gender expression, nationality, race or
ethnicity, religion, sexual orientation, or association with a person
or group with these actual or perceived characteristics, to be
secure and protected from fear, intimidation, and physical harm
caused by the activities of violent groups and individuals. It is not
the intent of this chapter to interfere with the exercise of rights
protected by the Constitution of the United States. The Legislature
recognizes the constitutional right of every citizen to harbor and
express beliefs on any subject whatsoever and to associate with
others who share similar beliefs. The Legislature further finds
however, that the advocacy of unlawful violent acts by groups against
other persons or groups under circumstances where death or great
bodily injury is likely to result is not constitutionally protected,
poses a threat to public order and safety, and should be subject to
criminal and civil sanctions.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Association with a person or group with these actual or
perceived characteristics" includes advocacy for, identification
with, or being on the ground owned or rented by, or adjacent to, any
of the following: a community center, educational facility, family,
individual, office, meeting hall, place of worship, private
institution, public agency, library, or other entity, group, or
person that has, or is identified with people who have, one or more
of those characteristics listed in the definition of "hate crime"
under paragraphs (1) to (6), inclusive, of subdivision (a) of Section
422.55.
   (2) "Disability" includes mental disability and physical
disability as defined in Section 12926 of the Government Code.
   (3) "Gender" means sex, and includes a person's gender identity
and gender expression. "Gender expression" means a person's
gender-related appearance and behavior whether or not stereotypically
associated with the person's assigned sex at birth.
   (4) "Nationality" includes citizenship, country of origin, and
national origin.
   (5) "Race or ethnicity" includes ancestry, color, and ethnic
background.
   (6) "Religion" includes all aspects of religious belief,
observance, and practice and includes agnosticism and atheism.
   (7) "Sexual orientation" means heterosexuality, homosexuality, or
bisexuality.














  SEC. 35.  (a) Section 1.5 of this bill incorporates amendments to
Section 51 of the Civil Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 51 of the Civil Code, and (3) this bill is
enacted after Senate Bill 559, in which case Section 1 of this bill
shall not become operative.
   (b) Section 6.5 of this bill incorporates amendments to Section
32228 of the Education Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 32228 of the Education Code, and (3) this bill is
enacted after Senate Bill 559, in which case Section 6 of this bill
shall not become operative.
   (c) Section 7.5 of this bill incorporates amendments to Section
47605.6 of the Education Code proposed by both this bill and Assembly
Bill 440. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 47605.6 of the Education Code, and (3) this bill
is enacted after Assembly Bill 440, in which case Section 7 of this
bill shall not become operative.
   (d) Section 12.5 of this bill incorporates amendments to Section
12920 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12920 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 12 of this
bill shall not become operative.
   (e) Section 13.5 of this bill incorporates amendments to Section
12921 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12921 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 13 of this
bill shall not become operative.
   (f) Section 14.5 of this bill incorporates amendments to Section
12926 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12926 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 14 of this
bill shall not become operative.
   (g) Section 15.5 of this bill incorporates amendments to Section
12930 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12930 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 15 of this
bill shall not become operative.
   (h) Section 16.5 of this bill incorporates amendments to Section
12931 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12931 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 16 of this
bill shall not become operative.
   (i) Section 17.5 of this bill incorporates amendments to Section
12935 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12935 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 17 of this
bill shall not become operative.
   (j) Section 18.5 of this bill incorporates amendments to Section
12940 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12940 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 18 of this
bill shall not become operative.
   (k) Section 19.5 of this bill incorporates amendments to Section
12944 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12944 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 19 of this
bill shall not become operative.
   (l) Section 21.5 of this bill incorporates amendments to Section
12955 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12955 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 21 of this
bill shall not become operative.
   (m) Section 22.5 of this bill incorporates amendments to Section
12955.8 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12955.8 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 22 of this
bill shall not become operative.
   (n) Section 23.5 of this bill incorporates amendments to Section
12956.1 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12956.1 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 23 of this
bill shall not become operative.
   (o) Section 24.5 of this bill incorporates amendments to Section
12956.2 of the Government Code proposed by both this bill and Senate
Bill 559. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2012, (2) each
bill amends Section 12956.2 of the Government Code, and (3) this bill
is enacted after Senate Bill 559, in which case Section 24 of this
bill shall not become operative.
  SEC. 36.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.