BILL ANALYSIS Ó
AB 488
Page 1
ASSEMBLY THIRD READING
AB
488 (Gonzalez)
As Amended January 4, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Labor |7-0 |Roger Hernández, | |
| | |Harper, Chu, Low, | |
| | |McCarty, Patterson, | |
| | |Thurmond | |
| | | | |
| | | | |
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SUMMARY: Eliminates an exemption to the Fair Employment and
Housing Act (FEHA) for individuals "employed under a special
license in a nonprofit sheltered workshop or rehabilitation
facility."
EXISTING LAW:
1)Prohibits employment discrimination and harassment on the
basis of race, religious creed, color, national origin,
AB 488
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ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation,
or military and veteran status of the person discriminated
against. (Government Code Section 12940 et seq.)
2)Provides that "employee" for purposes of these protections
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."
FISCAL EFFECT: None. This bill is currently keyed non-fiscal
by Legislative Counsel.
COMMENTS: The California Fair Employment and Housing Act (FEHA)
prohibits employment discrimination and harassment of
individuals on the basis of specified enumerated categories -
race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or
military and veteran status.
FEHA defines an "employer" as any person regularly employing
five or more persons, but does not include a religious
association or corporation not organized for private profit.
FEHA also excludes from the definition of "employee" 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."
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According to the author, workers in sheltered workshops and
rehabilitation centers are currently excluded from the
protections against discrimination and sexual harassment offered
by California's Fair Employment and Housing Act. This leaves
workers with disabilities who are employed in these settings no
recourse for discrimination based on characteristics like race,
religion or gender identity by their employer.
The author notes that AB 1443 (Skinner) from 2014 extended
FEHA's protections to cover unpaid interns and volunteers,
suggesting that these workplace protections are appropriate even
for those making less than minimum wage or in a program for a
limited time to gain experience.
Also, the author notes that, while California has been moving
towards competitive and integrated job placements for
individuals with disabilities, this does not take away from the
fact that it is important for workers in all settings to have
legal protections against and recourse from discrimination and
harassment.
The sponsor of this bill, Disability Rights California, states
that it would change the Government Code so that individuals
with disabilities who are in sheltered work are considered
"employees" and are provided the same protections as other
employees under FEHA. They argue that reform is needed to
strengthen rights and protections for sheltered workshop
employees who work in highly-restrictive environments and
currently are not afforded the same protections against
discrimination as other employees.
There is no opposition on file.
AB 488
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Analysis Prepared by:
Benjamin Ebbink / L. & E. / (916) 319-2091 FN:
0002540