Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2667


Introduced by Assembly Member Thurmond

February 19, 2016


begin delete An act to amend Section 1294 of the Code of Civil Procedure, relating to civil procedure. end deletebegin insertAn act to amend Section 51 of the Civil Code, relating to civil rights.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2667, as amended, Thurmond. begin deleteCivil procedure: appeals. end deletebegin insertCivil rights: Unruh Civil Rights Act: waivers.end insert

begin insert

The Unruh Civil Rights Act provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.

end insert
begin insert

This bill would require a waiver of a legal right, penalty, remedy, forum, or procedure for a violation of the Unruh Civil Rights Act, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any other governmental entity, to be knowing and voluntary, in writing, and expressly not made as a condition of entering into a contract for goods or services or as a condition of providing or receiving goods and services. The bill, among other things, would require a person who seeks to enforce a waiver of any legal right, penalty, remedy, forum, or procedure for a violation of the act to have the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services. The bill would provide that, with certain exceptions, it applies to any agreement to waive a legal right, penalty, remedy, forum, or procedure for a violation of the act, including an agreement to accept private arbitration, entered into, altered, modified, renewed, or extended on or after January 1, 2017.

end insert
begin insert

The bill also would make findings and declarations.

end insert
begin delete

Existing law specifies those types of orders and judgments from which an appeal may be taken in arbitration proceedings.

end delete
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This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The Legislature finds and declares that it is
2the policy of the State of California to ensure that all persons have
3the full benefit of the rights, penalties, remedies, forums, and
4procedures established by the Unruh Civil Rights Act and that
5individuals shall not be deprived of those rights, penalties,
6remedies, forums, or procedures through the use of involuntary
7or coerced waivers.

end insert
begin insert

8(b) It is the purpose of this act to ensure that a contract to waive
9any of the rights, penalties, remedies, forums, or procedures under
10the Unruh Civil Rights Act, including any provision that has the
11effect of limiting the full application or enforcement of any right,
12remedy, forum, or procedure available under the Unruh Civil
13Rights Act, is a matter of voluntary consent, not coercion.

end insert
14begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 51 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert

15

51.  

(a) This section shall be known, and may be cited, as the
16Unruh Civil Rights Act.

17(b) All persons within the jurisdiction of this state are free and
18equal, and no matter what their sex, race, color, religion, ancestry,
19national origin, disability, medical condition, genetic information,
20marital status, sexual orientation, citizenship, primary language,
21or immigration status are entitled to the full and equal
22accommodations, advantages, facilities, privileges, or services in
23all business establishments of every kind whatsoever.

P3    1(c) This section shall not be construed to confer any right or
2privilege on a person that is conditioned or limited by law or that
3is applicable alike to persons of every sex, color, race, religion,
4ancestry, national origin, disability, medical condition, marital
5status, sexual orientation, citizenship, primary language, or
6immigration status, or to persons regardless of their genetic
7information.

8(d) Nothing in this section shall be construed to require any
9construction, alteration, repair, structural or otherwise, or
10modification of any sort whatsoever, beyond that construction,
11alteration, repair, or modification that is otherwise required by
12other provisions of law, to any new or existing establishment,
13facility, building, improvement, or any other structure, nor shall
14anything in this section be construed to augment, restrict, or alter
15in any way the authority of the State Architect to require
16construction, alteration, repair, or modifications that the State
17Architect otherwise possesses pursuant to other laws.

18(e) For purposes of this section:

19(1) “Disability” means any mental or physical disability as
20defined in Sections 12926 and 12926.1 of the Government Code.

21(2) (A) “Genetic information” means, with respect to any
22individual, information about any of the following:

23(i) The individual’s genetic tests.

24(ii) The genetic tests of family members of the individual.

25(iii) The manifestation of a disease or disorder in family
26members of the individual.

27(B) “Genetic information” includes any request for, or receipt
28of, genetic services, or participation in clinical research that
29includes genetic services, by an individual or any family member
30of the individual.

31(C) “Genetic information” does not include information about
32the sex or age of any individual.

33(3) “Medical condition” has the same meaning as defined in
34subdivision (i) of Section 12926 of the Government Code.

35(4) “Religion” includes all aspects of religious belief,
36observance, and practice.

37(5) “Sex” includes, but is not limited to, pregnancy, childbirth,
38or medical conditions related to pregnancy or childbirth. “Sex”
39also includes, but is not limited to, a person’s gender. “Gender”
40means sex, and includes a person’s gender identity and gender
P4    1expression. “Gender expression” means a person’s gender-related
2appearance and behavior whether or not stereotypically associated
3with the person’s assigned sex at birth.

4(6) “Sex, race, color, religion, ancestry, national origin,
5disability, medical condition, genetic information, marital status,
6sexual orientation, citizenship, primary language, or immigration
7status” includes a perception that the person has any particular
8characteristic or characteristics within the listed categories or that
9the person is associated with a person who has, or is perceived to
10have, any particular characteristic or characteristics within the
11listed categories.

12(7) “Sexual orientation” has the same meaning as defined in
13subdivision (s) of Section 12926 of the Government Code.

14(f) A violation of the right of any individual under the federal
15Americans with Disabilities Act of 1990 (Public Law 101-336)
16shall also constitute a violation of this section.

17(g) Verification of immigration status and any discrimination
18based upon verified immigration status, where required by federal
19law, shall not constitute a violation of this section.

20(h) Nothing in this section shall be construed to require the
21provision of services or documents in a language other than
22English, beyond that which is otherwise required by other
23provisions of federal, state, or local law, including Section 1632.

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24(i) (1) A person shall not require another person to waive any
25legal right, penalty, remedy, forum, or procedure for a violation
26of this section, as a condition of entering into a contract for goods
27or services, including the right to file and pursue a civil action or
28complaint with, or otherwise notify, the Attorney General or any
29other public prosecutor, or law enforcement agency, the
30Department of Fair Employment and Housing, or any court or
31other governmental entity.

end insert
begin insert

32(2) A person shall not refuse to enter into a contract with, or
33refuse to provide goods or services to, another person on the basis
34that the other person refuses to waive any legal right, penalty,
35remedy, forum, or procedure for a violation of this section,
36including the right to file and pursue a civil action or complaint
37with, or otherwise notify, the Attorney General or any other public
38prosecutor, or law enforcement agency, the Department of Fair
39Employment and Housing, or any other governmental entity.

end insert
begin insert

P5    1(3) Any waiver of any legal right, penalty, remedy, forum, or
2procedure for a violation of this section, including the right to file
3and pursue a civil action or complaint with, or otherwise notify,
4the Attorney General or any other public prosecutor, or law
5enforcement agency, the Department of Fair Employment and
6Housing, or any other governmental entity shall be knowing and
7voluntary, and in writing, and expressly not made as a condition
8of entering into a contract for goods or services or as a condition
9of providing or receiving goods and services. This paragraph shall
10not affect any legal right, penalty, forum, or procedure for which
11state or federal law prohibits waiver.

end insert
begin insert

12(4) Any waiver of any legal right, penalty, remedy, forum, or
13procedure for a violation of this section that is required as a
14condition of entering into a contract for goods or services shall
15 be deemed involuntary, unconscionable, against public policy,
16and unenforceable. Nothing in this subdivision shall affect the
17enforceability or validity of any other provision of the contract.

end insert
begin insert

18(5) Any person who seeks to enforce a waiver of any legal right,
19penalty, remedy, forum, or procedure for a violation of this section
20shall have the burden of proving that the waiver was knowing and
21voluntary and not made as a condition of the contract or of
22providing or receiving the goods or services.

end insert
begin insert

23(6) This subdivision shall apply to any agreement to waive any
24legal right, penalty, remedy, forum, or procedure for a violation
25of this section, including an agreement to accept private
26arbitration, entered into, altered, modified, renewed, or extended
27on or after January 1, 2017.

end insert
begin insert

28(7) In addition to injunctive relief and any other remedies
29available, a court may award a plaintiff enforcing his or her rights
30under this section reasonable attorney’s fees.

end insert
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31(8) The provisions of this subdivision are severable. If any
32provision of this section or its application is held invalid, that
33invalidity shall not affect other provisions or applications that can
34be given effect without the invalid provision or application.

end insert
begin delete35

SECTION 1.  

Section 1294 of the Code of Civil Procedure is
36amended to read:

37

1294.  

An aggrieved party may appeal from any of the
38following:

39(a) An order dismissing or denying a petition to compel
40arbitration.

P6    1(b) An order dismissing a petition to confirm, correct, or vacate
2an award.

3(c) An order vacating an award unless a rehearing in arbitration
4is ordered.

5(d) A judgment entered pursuant to this title.

6(e) A special order after final judgment.

end delete


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