BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE JUDICIARY COMMITTEE
                             Senator Noreen Evans, Chair
                              2011-2012 Regular Session


          AB 887 (Atkins)
          As Amended April 27, 2011
          Hearing Date: June 14, 2011
          Fiscal: Yes
          Urgency: No
          EDO  
                    

                                        SUBJECT
                                           
                                       Gender

                                      DESCRIPTION  

          This bill would clarify the definition of gender under the Fair 
          Employment and Housing Act and the Unruh Civil Rights Act as 
          well as other anti-discrimination laws. This bill would 
          expressly include the terms "gender identity" and "gender 
          expression" wherever the term "gender" currently appears and 
          would prohibit employers, schools, and housing authorities from 
          discriminating based on a person's gender identity or gender 
          expression.  

          This bill would expressly specify that "gender" means sex, and 
          include a person's gender identity and gender expression.  This 
          bill would also specify that "gender expression" means "a 
          person's gender-related appearance and behavior whether or not 
          stereotypically associated with the person's assigned sex at 
          birth."

                                      BACKGROUND  

          The Fair Employment and Housing Act (FEHA), the Unruh Civil 
          Rights Act, and various other provisions prohibit discrimination 
          in employment, housing, public accommodation, education, and 
          services provided by business establishments and schools on the 
          basis of specified personal characteristics such as sex, race, 
          color, national origin, religion, and disability.  Over time, 
          these statutes have evolved to include other characteristics 
          such as medical condition, marital status, and sexual 
          orientation to generally reflect the state's public policy 
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          against discrimination in all forms.  

          The Supreme Court of California has consistently held that the 
          Unruh Civil Rights Act provides broad protection to all persons 
          who are arbitrarily discriminated against by business 
          establishments.  Beginning in the 1950's the court found that 
          the State Board of Equalization acted illegally by suspending 
          the license of a bar and restaurant merely because it allowed 
          patronage by gay people whom the licensor saw as "immoral." 
          (Stoumen v.  Reilly (1951) 37 Cal.2d 713.)  In 1970, the court 
          held that the Unruh Civil Rights Act forbids a business 
          establishment that is generally open to the public from 
          arbitrarily excluding a prospective customer (In re Cox (1970) 3 
          Cal.3d 205.)  This case was followed by Marina Point, Ltd.  v. 
          Wolfson  (1982) 30 Cal.3d 721, which found that a landlord's "no 
          children" policy was arbitrary discrimination based on familial 
          status that violated the Act.  In all of these cases, the court 
          engaged in statutory analysis of the Unruh Civil Rights Act and 
          determined the "past judicial interpretation of the act, and the 
          history of legislative action that extended the statutes' scope, 
          indicate that identification of particular bases of 
          discrimination - color, race, religion, ancestry, and national 
          origin . . . is illustrative rather than restrictive. Although 
          the legislation has been invoked primarily by persons alleging 
          discrimination on racial grounds, its language and its history 
          compel the conclusion that the Legislature intended to prohibit 
          all arbitrary discrimination by business establishments."  (See 
          In re Cox, 3 Cal.3d at 216.)

          In 2005, AB 1400 (Laird, Chapter 420, Statutes of 2005) was 
          passed by the Legislature and signed by the Governor to specify 
          that discrimination based on marital status and sexual 
          orientation would not be tolerated in California.  The purpose 
          of this legislation was to address repeated complaints from 
          individuals and attorneys representing victims of discrimination 
          based on marital status and sexual orientation who claimed 
          difficulty enforcing these protections because they were not 
          expressly specified in the law.

          This bill would expressly add "gender identity" and "gender 
          expression" throughout the codes and define "gender expression" 
          to mean a person's gender-related appearance and behavior 
          whether or not stereotypically associated with the person's 
          assigned sex at birth.

                                CHANGES TO EXISTING LAW
                                                                      



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          1a.  Existing law  , the Unruh Civil Rights Act and the FEHA, 
            defines "sex" using a series of cross-references to include, 
            but not be limited to, pregnancy, childbirth, or medical 
            conditions related to pregnancy or childbirth.  Under those 
            cross references, "sex" also includes, but is not limited to, 
            a person's gender and "gender" means sex, and includes a 
            person's gender identity and gender related appearance and 
            behavior whether or not stereotypically associated with the 
            person's assigned sex at birth.  (Civ. Code Sec. 51(a)(4); 
            Gov. Code Sec. 12926(p); Pen. Code Sec. 422.56.) 

             This bill  , under the Unruh Civil Rights Act and FEHA, would 
            delete the cross-references and expressly specify that  "sex" 
            includes, but is not limited to, pregnancy, childbirth, or 
            medical conditions related to pregnancy or childbirth and 
            would also expressly specify that "sex" includes, but is not 
            limited to, a person's gender.  This bill would also expressly 
            specify that "gender" means sex, and includes a person's 
            gender identity and gender expression.  
             This bill would further state that "gender expression" means a 
            person's gender-related appearance and behavior whether or not 
            stereotypically associated with the person's assigned sex at 
            birth. 

          b.  Existing law  , the Unruh Civil Rights Act, generally prohibits 
            business establishments from discriminating on the basis of 
            sex, race, color, religion, ancestry, national origin, 
            disability, or medical condition, marital status, or sexual 
            orientation and provides civil remedies for violations of its 
            provisions.  (Civ. Code Sec. 51 et seq.)

             Existing law  , the Fair Employment and Housing Act, prohibits 
            discrimination in housing and employment on the basis of race, 
            religious creed, color, national origin, ancestry, physical 
            disability, mental disability, medical condition, marital 
            status, sex, age, or sexual orientation.  (Gov. Code Sec. 
            12920 et seq.)  
           
             This bill  would also prohibit discrimination under Unruh and 
            FEHA on the basis of gender, gender identity, and gender 
            expression.

          c.  Existing law  provides that the California Department of Fair 
            Employment and Housing and the Fair Employment and Housing 
            Commission are authorized to enforce and regulate violations 
                                                                      



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            of discrimination in housing and employment on the basis of a 
            person's sex or gender and other specified characteristics.  
            (Gov. Code Secs. 12930 and 12931.)

             This bill  would expressly authorize the California Department 
            of Fair Employment and Housing and the Fair Employment and 
            Housing Commission to enforce and regulate violations of 
            discrimination in housing and employment on the basis of a 
            person's gender identity and gender expression.

          d.  Existing law  provides that the legal owner of a property who 
            believes that he or she is subject to a restrictive covenant 
            that unlawfully discriminates because of race, color, 
            religion, sex, sexual orientation, familial status, marital 
            status, disability, national origin, source of income, or 
            ancestry, may record a document entitled "Restrictive Covenant 
            Modification," following a specified process.  (Gov. Code 
            Secs. 12955, 12956.1, and 12956.2.)  

             This bill  would allow a property owner to seek the removal of 
            any unlawful restrictive covenant that discriminates on the 
            basis of gender, gender identity or gender expression, 
            following the same specified process. 

          2a.  Existing law  provides that it is the policy of the State of 
            California that all persons in public schools be afforded 
            equal rights and opportunities in the education institutions 
            of the state and equitable access to educational programs 
            designed to strengthen technological skills regardless of 
            their disability, gender, nationality, race or ethnicity, 
            religion, or sexual orientation.  Existing law provides that 
            no person shall be subjected to discrimination on these bases 
            in any program or activity conducted by an educational 
            institution that receives, or benefits from, state financial 
            assistance.   (Ed. Code Secs. 200, 220, 51007 and 66270.)

             This bill  would add "gender identity" and "gender expression" 
            to the list of persons who shall not be discriminated against 
            in educational institutions. 

          b. Existing law  , the Carl Washington School Safety and Violence 
            Prevention Act, provides that it is 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, or 
            sexual orientation, to prevent and respond to acts of hate 
                                                                      



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            violence and bias-related incidents.  (Ed. Code Sec. 32228.)

             This bill  would add "gender identity" and "gender expression" 
          to this list.  

          c.  Existing law  , the Educational Equity Chapter and the Sex 
            Equity in Education Act, defines "gender" to mean "sex, and 
            includes a person's gender identity and gender appearance and 
            behavior whether or not stereotypically associated with the 
            person's assigned sex at birth."  (Ed. Code Secs. 210.7 and 
            66260.7.)

             This bill  , under the Educational Equity Chapter and the Sex 
            Equity in Education Act, would expressly add gender expression 
            to the above definition of "gender."

          3a.  Existing law  , the Insurance Discriminatory Practices Chapter, 
            defines "sex" as having the same meaning as "gender," which 
            means sex, and includes a person's gender identity and gender 
            related appearance and behavior whether or not stereotypically 
            associated with the person's assigned sex at birth.  (Ins. 
            Code Secs. 10140 and 10140.2)

             This bill  would define "sex", under the Insurance 
            Discriminatory Practices Chapter as having the same meaning as 
            "gender" and expressly provide that gender means sex, and 
            includes a person's gender identity and gender expression, as 
            defined.  

          b.  Existing law  provides that an insurer of a religious 
            organization, educational organization, or nonprofit 
            organization, as defined, shall not cancel or refuse to renew 
            a policy for a loss that is a result of a hate crime committed 
            based on the groups race, color, religion, ancestry, national 
            origin, disability, gender, or sexual orientation.  (Ins. Code 
            Sec. 676.10.)

             This bill  would add "gender", "gender identity" and "gender 
            expression", as defined, to this list.  

          c.  Existing law  provides that no insurer for life or disability 
            insurance shall fail or refuse to accept an application for 
            insurance based on the person's race, color, religion, sex, 
            national origin, ancestry, or sexual orientation.  (Ins. Code 
            Sec. 676.10.)

                                                                      



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             This bill  would add "gender," "gender identity" and "gender 
            expression", as defined, to this list.  

          d.  Existing law  provides that the Healthy Families Insurance 
            Program shall be administered without regard to gender, race, 
            creed, color, sexual orientation, health status, disability, 
            or occupation.  (Ins. Code Sec. 12693.28.)

             This bill  would additionally require that the Healthy Families 
            Insurance Program be administered without regard to gender 
            identity or gender expression.

           4.Existing law  provides that for purposes of determining whether 
            to grant or deny a workers compensation claim, no personal 
            relationship shall be deemed to exist between an employee and 
            a third party who has injured or killed the employee, based on 
            a determination that the third party killed or injured the 
            employee 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, gender, 
            disability, sex, or sexual orientation.  (Lab. Code Sec. 
            3600.)

             This bill  would add "gender identity" and "gender expression" 
            to this list.  

          5a.  Existing law  provides that every person, regardless of race, 
            color, creed, religion, national origin, gender, age, sexual 
            orientation, or handicap, be secure and protected from fear, 
            intimidation, and physical harm caused by the activities of 
            violent groups.  (Pen. Code Sec. 186.21.)

             This bill  would expressly add "gender identity," and "gender 
            expression" to this list. 

          b.  Existing law  provides that "gender" means sex, and includes a 
            person's gender identity and gender appearance and behavior 
            whether or not stereotypically associated with the person's 
            assigned sex at birth.  (Pen. Code Sec. 422.56.)

             This bill  would expressly add gender expression to the above 
            definition of gender. 

          c.  Existing law  provides that any person who is convicted of any 
            offense against a person or property of another because of the 
            victim's actual or perceived race, color, ethnicity, religion, 
                                                                      



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            nationality, country of origin, ancestry, disability, gender, 
            or sexual orientation the court shall make an order protecting 
            the victim.  (Pen. Code Sec. 422.85.)

             This bill  would expressly add gender identity and gender 
            expression to this list. 

          d.  Existing law  provides that if a person is released from prison 
            on parole for committing a crime against a victim based on the 
            victims actual or perceived race, color, ethnicity, religion, 
            nationality, country of origin, ancestry, disability, gender, 
            or sexual orientation, the parole authority shall make it a 
            condition of parole that the parolee refrain from further 
            contact, as specified, of the victim.  (Pen. Code Sec. 
            3053.4.)
             This bill  would expressly add gender identity and gender 
            expression to this list.

          e.  Existing law  provides that it is the right of every person 
            regardless of actual or perceived disability, gender, 
            nationality, race or ethnicity, religion, sexual orientation 
            to be secure and protected from fear.  Existing law also 
            provides that it is not the intent of this chapter to 
            interfere with the exercise of rights protected by the United 
            States Constitution.  (Pen. Code Sec. 11410.)

             This bill  would expressly add gender identity and gender 
            expression to this list.

                                        COMMENT
           
          1.  Stated need for the bill  
          
          The author writes:
          
            ÝThis bill], the Gender Nondiscrimination Act, addresses the 
            high levels of discrimination faced by Californians who are 
            transgender or do not conform to narrow gender stereotypes.  
            This bill also addresses the concerns of employers, landlords, 
            educational institutions, and others who face confusion when 
            complying with laws that prohibit discrimination.  Current 
            California laws protect people from discrimination based on 
            gender identity and gender expression.  In the current 
            framework, California non-discrimination laws define "gender" 
            to mean sex including a person's gender identity (how they see 
            themselves) and gender expressions (how other people see 
                                                                      



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            them).  Gender identity refers to a person's deeply felt 
            internal sense of being male or female.  Gender expression 
            refers to one's behavior, mannerisms, appearance and other 
            characteristics that are perceived to be masculine or 
            feminine. 

            ÝThis bill] will take existing protections based on gender 
            identity and expression and specifically list them as 
            protected categories in our non-discrimination laws.  By 
            making these protections explicit, people will more clearly 
            understand California's non-discrimination laws, which may 
            increase the likelihood that employers, housing authorities, 
            schools, etc. would work to prevent discrimination and/or 
            respond more effectively and expeditiously at the first 
            indications of discrimination.  The Gender Nondiscrimination 
            Act will make clear that discrimination based on failure to 
            conform to narrow gender stereotypes is against the law. 

          Equality California, the Transgender Law Center and the Gay 
          Straight Alliance Network, co-sponsors of this bill, write:

            California laws protect people from discrimination based on 
            gender identity and gender expression.  California 
            non-discrimination laws define 'gender' to mean sex, including 
            a person's gender identity (how they see themselves) and 
            gender expression (how other people see them).  Existing state 
            non-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.  Additionally, 
            Californians who experience discrimination based on gender 
            identity and gender expression at work or elsewhere often do 
            not file complaints because they are unaware that they are 
            protected.  ÝThis bill] would take existing protections based 
            on gender identity and expression and make these protections 
            explicit so that people would more clearly understand 
            California's nondiscrimination laws.  This, in turn, may 
            increase the likelihood that employers, housing authorities, 
            and other groups would work to prevent discrimination and/or 
            respond more effectively and expeditiously at the first 
            indications of discrimination.

          2.  Purpose and need for expressly specifying gender identity and 
            gender expression in the anti-discrimination codes  

                                                                      



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          Under existing law, gender and sex are used interchangeably 
          throughout many anti-discrimination codes and generally can be 
          defined to include a "person's gender identity and gender 
          appearance and behavior whether or not stereotypically 
          associated with the person's assigned sex at birth."  This bill 
          would expressly define "gender" to mean "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."  As discussed more below, this 
          change seeks to address situations where transgender or gender 
          non-conforming individuals are discriminated against based on 
          these attributes.  According to the author's office, many 
          transgender and gender non-conforming individuals are unaware 
          that protections exist in the law to shield them from 
          discrimination. As a result, transgender individuals who are 
          victims of this type of discrimination or harassment are not 
          seeking solutions through the courts. 

          According to the author and a recent report by the Transgender 
          Law Center, "nearly 70% of transgender Californians have 
          experienced discrimination or harassment at work. Californians 
          who experience discrimination based on gender identity and 
          gender expression at work or elsewhere often times do not file 
          complaints because they are unaware that they are 
          protected."(The State of Transgender California Report (2008).) 
          Specifically, the report found that transgender individuals 
          experience multiple types of workplace discrimination including 
          verbal harassment, unfair scrutiny and/or discipline, harassment 
          by coworkers, harassment by supervisors, sexual harassment, 
          denial of access to appropriate restrooms, and restricted or 
          eliminated access to customers or clients.  Unfortunately, the 
          report also found that only 15 percent of those who have 
          reported some form of discrimination or harassment have actually 
          filed a complaint. 

          By not reporting this type of discrimination or harassment, it 
          is difficult to quantify.  In response to an inquiry from the 
          Transgender Law Center regarding the reporting of gender 
          identity discrimination, the Department of Fair Employment and 
          Housing (DFEH) writes, "regretfully, the DFEH does not maintain 
          statistics on the number of sex discrimination complaints filed 
          that allege gender identity or transgender discrimination.  
          Anecdotally, I can say that the number of such complaints 
          received by the DFEH has been few."  This is consistent with the 
          Transgender Law Center's theory that many transgender 
                                                                      



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          Californians are not reporting this type of discrimination. 

          A recent example of the type of discrimination faced by 
          transgender individuals involved a transgender woman who filed a 
          lawsuit against the California Department of Motor Vehicles 
          (DMV) after visiting her local DMV in San Francisco to request a 
          new driver's license.  She had recently changed her name after 
          undergoing a gender transition, this needing a new driver's 
          license reflecting the name change.  In that case, the DMV clerk 
          who assisted her took down her personal contact information and 
          shared her information with a fundamentalist religious group who 
          then sent her a harassing letter and video.  As it turns out, 
          this same clerk had verbally assaulted another transgender DMV 
          client a few years prior, without suffering any consequences.  
          The author's office believes that this type of behavior would 
          not be tolerated if the law was clear that discrimination based 
          on gender identity or gender expression was expressly specified 
          in the law.  
          
          3.  Expressly specifying "gender," "gender identity," and "gender 
            expression" in existing anti-discrimination statutes

           This bill would add "gender," "gender identity," and "gender 
          expression", as defined above, expressly to the Unruh Civil 
                              Rights Act, the Fair Employment and Housing Act, various 
          provisions of the Education and Insurance Codes, as well as one 
          section of the Labor Code. 
           
             a.   The Unruh Civil Rights Act and the Fair Employment and 
               Housing Act (FEHA)
           
            Under existing law, the Unruh Civil Rights Act (Unruh) 
            generally prohibits business establishments from 
            discriminating on the basis of sex, race, color, religion, 
            ancestry, national origin, disability, or medical condition, 
            marital status, or sexual orientation. Unruh is meant to cover 
            all arbitrary and intentional discrimination by a business 
            establishment on the basis of the personal characteristics 
            listed above.  Currently, through a series of 
            cross-references, Unruh defines "sex" as meaning, including, 
            but 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.  Unruh 
            defines "gender" to mean "sex", and includes a person's gender 
            identity and gender related appearance and behavior whether or 
            not stereotypically associated with the person's assigned sex 
                                                                      



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            at birth.

            Also, FEHA prohibits discrimination in housing and employment 
            on the basis of race or color; religion; national origin or 
            ancestry; physical disability; mental disability or medical 
            condition; marital status; sex or sexual orientation; age, 
            with respect to persons over the age of 40; and pregnancy, 
            childbirth, or related medical conditions.  The definition of 
            "sex" under FEHA is the same as the definition under Unruh.  
            The FEHA is the principal California statute prohibiting 
            employment and housing discrimination covering employers, 
            labor organizations, employment agencies, apprenticeship 
            programs, and any person or entity, who aids, abets, incites, 
            compels, or coerces the doing of a discriminatory act.  The 
            California Department of Fair Employment and Housing (DFEH) 
            and the Fair Employment and Housing Commission (FEHC) are 
            authorized to enforce the provisions under FEHA.

            This bill would delete the cross-references described above 
            and expressly include "gender identity" and "gender 
            expression," as defined in the list of prohibited bases of 
            discrimination under Unruh and FEHA. Currently, the DFEH and 
            the FEHC are authorized to enforce the provisions of FEHA for 
            claims based on a person's sex, which is defined under FEHA to 
            include a person's gender and gender identity.  This bill 
            would additionally expressly authorize DFEH and FEHC to 
            enforce the provisions of FEHA based explicitly on a person's 
            gender, gender identity or gender expression.  In support of 
            this provision, the California Employment Lawyers Association 
            (CELA), writes, "In 2003, Assembly Bill 196 was signed into 
            law, amending the California Fair Employment and Housing Act 
            (FEHA) to prohibit California employers from discriminating 
            against employees based on an employee's gender identity or 
            gender expression . . . AB 196 made huge strides in helping to 
            protect a particularly victimized class of people against 
            discrimination in the workplace.  As dedicated advocates of 
            workers' rights, we believe all employees should be treated 
            equally and are entitled to work with dignity under the 
            protection of the laws of this State."  This bill seeks to 
            clarify the definition of gender to ensure that transgender 
            and other gender non-conforming individuals are free from 
            discrimination in the workplace and housing.

            In response to committee staff's inquiry regarding the 
            practical effect of this change, the Transgender Law Center, a 
            co-sponsor of this bill, writes, "Under the current statutory 
                                                                      



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            scheme, if an HR manager looks up the Fair Employment and 
            Housing Act in an effort to list the protected categories in 
            their business' employee handbook, they will only see 
            "gender."  They will not clearly see gender identity and 
            gender expression because they are contained in the definition 
            of gender in a separate section of the law. Should Ýthis bill] 
            pass, that same HR professional will clearly see gender 
            identity and expression and be far more likely to list those 
            categories in the employee handbook.  This would ensure that 
            transgender employees know their rights and that 
            non-transgender employees are aware that discrimination based 
            on gender identity and expression is not permitted in the 
            workplace."

              b.   Removal of unlawful property restriction relating to 
               "gender," "gender identity" and "gender expression"
             
            Under existing law, FEHA, the legal owner of a property who 
            believes that he or she is subject to a restrictive covenant 
            that unlawfully discriminates because of race, color, 
            religion, sex, sexual orientation, familial status, marital 
            status, disability, national origin, source of income, or 
            ancestry, may record a document entitled "Restrictive Covenant 
            Modification."  (Gov. Code Secs. 12955, 12956.1, and 12956.2.) 
             That document must include a copy of the original document 
            containing the unlawful language with that language stricken.  
            The county recorder must submit the modified document and the 
            original document to the county counsel for a determination of 
            whether the original document contains an unlawful 
            restriction.  The county counsel must then return the 
            documents, and inform the recorder of its determination.  The 
            county recorder must refuse to record the modification 
            document if the county counsel finds that the original 
            document does not contain an unlawful restriction.

            Consistent with the proposed addition of "gender", "gender 
            identity" and "gender expression" to both FEHA and Unruh, this 
            bill would also allow a property owner to seek the removal of 
            any unlawful restrictive covenant that discriminates on the 
            basis of "gender", "gender identity," and "gender expression" 
            pursuant to the above process.  It should be noted that this 
            bill would not modify the above process, and that the legal 
            determination of whether a provision is unlawful would remain 
            with the county counsel, as under existing law.

            c.    Equal Rights and Opportunities and Anti-Discrimination 
                                                                      



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            Education Statutes  
           
            Under existing law, the State of California prohibits 
            discrimination based on race, color, religion, ancestry, 
            national origin, disability, gender, or sexual orientation, in 
            any public school receiving state funding, and shall provide 
            all students with equal rights and opportunities in the 
            educational institutions of this state. The Education Code 
            defines "gender" to mean "sex" and includes a person's gender 
            identity and gender appearance and behavior whether or not 
            stereotypically associated with the person's assigned sex at 
            birth.

            This bill would require that all persons in public schools be 
            provided with equal rights and opportunities, and shall not be 
            discriminated against in educational institutions of this 
            state on the basis of a persons' "gender identity" or "gender 
            expression."  This bill would expressly add "gender 
            expression" to the above definition of "gender" and would mean 
            a person's gender-related appearance and behavior whether or 
            not stereotypically associated with the person's assigned sex 
            at birth.  

            In support of this provision, the California Faculty 
            Association, which represents 24,000 faculty, coaches, 
            counselors and librarians at the California State University, 
            writes, "Ýwe] Ýsupport] any policy that protects faculty, 
            staff and students from any discrimination on the basis of 
            sex, race, nationality, sexual orientation, gender expression, 
            and age.  By further clarifying anti-discrimination laws and 
            promoting equal protection in regards to gender identity and 
            gender expression, this bill will help ensure enforcement of 
            these laws for students, staff and educators within the CSU 
            system, and for California citizens in general." By expressly 
            adding gender identity and gender expression to the codes, 
            rather than referencing the definition by cross-reference, 
            schools and students will more clearly understand that 
            transgender and gender non-conforming students and teachers 
            must be provided with equal rights and opportunities. 

             d.     Insurance Anti-discrimination Statutes
           
            Under existing law, an insurance provider for life or 
            disability insurance shall not fail or refuse to accept an 
            application for insurance based on the applicant's race, 
            color, religion, sex, national origin, ancestry, or sexual 
                                                                      



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            orientation.  This bill would expressly add gender, gender 
            identity, and gender expression to this list.  As with the 
            other previously discussed provisions, these terms are being 
            expressly added to this section, rather than being referred to 
            by a cross-reference. 

            Existing law also states that an insurer shall not cancel or 
            refuse to renew an insurance policy for a religious 
            institution, educational institution, or nonprofit group if a 
            hate crime has been committed against the organization and the 
            group submitted a claim based on that crime.  As defined in 
            existing law, in this section a "hate crime" is a crime 
            perpetrated against an organization or a member of the 
            organization based on the actual or perceived race, color, 
            religion, ancestry, national origin, disability, gender, or 
            sexual orientation of the organization or member of the 
            organization.  This bill would expressly add gender identity, 
            and gender expression to this list.

            Further, the Healthy Families program must be administered 
            without regard to a person's gender, race, creed, color, 
            sexual orientation, health status, disability, or occupation.  
            This bill would require that the Healthy Families program be 
            administered without regard to a person's gender identity, or 
            gender expression, thus expressly prohibiting the Healthy 
            Families program from discrimination on these bases.

              e.   Anti-Discrimination Labor Statute
           
            Under existing law, when determining whether to grant or deny 
            a worker's compensation claim, if an employee is injured or 
            killed by a third party, no personal relationship shall be 
            deemed to exist between the employee and third party solely 
            because the third party's personal beliefs relating to his or 
            her perception of the employee's race, religious creed, color, 
            national origin, age, gender, disability, sex, or sexual 
            orientation.  This bill would add gender identity and gender 
            expression to this list. 

          4.  Opposition's concerns:  

          The Capitol Resource Family Impact, in association with the 
          Capitol Resource Institute, in opposition to the bill, argues 
          that "Ýthis 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 
                                                                      



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          and expression as a protected class."

          5.   If approved, this bill should be sent back to the Senate 
          Rules Committee  

          The Senate Rules Committee has requested that, should this bill 
          be approved by this committee, it should be sent back to the 
          Rules Committee for consideration of a request by the Senate 
          Committee on Public Safety to hear the bill.


           Support  :  American Civil Liberties Union; American Federation of 
          State, County and Municipal Employees (AFSCME), AFL-CIO; 
          California Communities United Institute; California Employment 
          Lawyers Association; California Faculty Association; California 
          National Organization for Women; Consumer Attorneys of 
          California; Public Advocates; Sacramento Gay & Lesbian Center; 
          The Trevor Project

           Opposition  :  Capitol Resource Family Impact; Capitol Resource 
          Institute

                                        HISTORY
           
           Source  :  Equality California; Transgender Law Center; Gay 
          Straight Alliance Network

           Related Pending Legislation  :  SB 559 (Padilla) would add 
          "genetic information" to the list of prohibited bases of 
          discrimination under the Unruh Civil Rights Act and the Fair 
          Employment and Housing Act.  This bill is currently in the 
          Assembly Committee on Judiciary. 

           Prior Legislation  :  

          AB 1400 (Laird, Chapter 420, Statutes of 2005.) (See 
          Background.)

          AB 196 (Leno, Chapter 164, Statutes of 2003) imported the 
          definition of "gender" from the hate crimes statute into the 
          Fair Employment and Housing Act (FEHA), thereby extending the 
          FEHA prohibition against discrimination to that based on 
          perceptions of an individual's gender, regardless of whether the 
          perceived gender characteristics are different from those 
          traditionally associated with the individual's sex at birth.

                                                                      



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          Prior Vote  :

          Assembly Floor (Ayes 54, Noes 24)
          Assembly Committee on Appropriations (Ayes 12, Noes 5)
          Assembly Committee on Judiciary (Ayes 7, Noes 3)

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