BILL ANALYSIS Ó
AB 887
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 887 (Atkins) - As Amended: April 27, 2011
Policy Committee: JudiciaryVote:7-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill clarifies the definition of gender in numerous
anti-discrimination laws to expressly include the terms "gender
identity" and "gender expression" where only the term "gender"
currently appears. Specifically, this bill:
1)Expressly adds the terms "gender identity" and "gender
expression" to various provisions that define sex as including
gender.
2)Defines "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.
3)Expressly adds the terms gender, gender identity, and gender
expression as among the enumerated characteristics under
various provisions of the law that require equal rights and
opportunities and prohibit discrimination-with regard to, for
example, housing, employment, and education-based on any of
those characteristics.
4)Requires an employer to allow an employee to appear or dress
consistently with the employee's gender expression, in
addition to with the employee's gender identity.
5) Requires the cover sheet to a document or deed, provided
under current law by a county recorder-informing the recipient
of the opportunity to remove an unlawfully restrictive
covenant contained in prior documents related to a real
property-must also specifically refer to any restrictions
based on gender, gender identity, or gender expression.
AB 887
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FISCAL EFFECT
1)To the extent the bill clarifies existing protections there
could be (a) minor increased costs to the Department of Fair
Employment and Housing for increased claims and investigations
and (b) minor increased court costs and caseloads, and in the
civil case backlogs, due to additional filings. Conversely,
over time these clarifications could help to increase
compliance with antidiscrimination statutes, thus avoiding
claims and the associated costs.
2)Negligible reimbursable costs for clerk to modify the cover
sheet provided with deeds and other documents.
COMMENTS
1)Background . California law has long afforded broad protection
against discrimination based on irrelevant differences between
men and women. In 1959, the Legislature enacted the most
ardent codification of these broad principals with the passage
of the Unruh Civil Rights Act, and though this act did not
initially expressly mention all grounds of impermissible
discrimination, it was subsequently amended in 1974 to
explicitly prohibit arbitrary discrimination based on sex.
While the Unruh Act does not expressly mention gender identity
or gender expression as a ground of discrimination in which
business establishments in California are forbidden to engage,
the Supreme Court has rejected the argument that the Unruh
Act's ban on discrimination reaches only the classifications
expressly specified in the Act's text. Instead, the courts
have made it clear that the Unruh Act also prohibits arbitrary
discrimination based on other non-enumerated "personal
characteristics."
2)Purpose . This bill, sponsored by Equality California and
Transgender Law Center, is intended to reduce confusion among
those who bear the responsibility of ensuring that current
anti-discrimination laws are enforced. According to the
author, "Nearly 70% of transgender Californians have
experienced discrimination or harassment at work. Californians
who experience discrimination based on gender identity and
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gender expression at work or elsewhere often times do not file
complaints because they are unaware that they are protected.
Existing anti-discrimination laws are confusing and vague for
employers, housing authorities and others who bear the
responsibility of ensuring that the laws are enforced.
Therefore, the harms caused by discrimination can be reduced
by simply using language that is direct and easily understood.
AB 887 makes our anti-discrimination laws clearer and stronger
by adding gender identity and gender expression to the list of
protected categories."
3)Opposition . The Capitol Resource Family Impact, in association
with Capitol Resource Institute contends this bill "is yet
another attempt to further create gender confusion in society
by loosely defining and altering a person's natural sex
through the codification of gender identity and expression as
a protected class."
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081