BILL ANALYSIS Ó AB 488 Page 1 ASSEMBLY THIRD READING AB 488 (Gonzalez) As Amended January 4, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Labor |7-0 |Roger Hernández, | | | | |Harper, Chu, Low, | | | | |McCarty, Patterson, | | | | |Thurmond | | | | | | | | | | | | ------------------------------------------------------------------ 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 Page 2 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." AB 488 Page 3 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 Page 4 Analysis Prepared by: Benjamin Ebbink / L. & E. / (916) 319-2091 FN: 0002540