Amended in Senate August 4, 2016

Amended in Assembly April 26, 2016

Amended in Assembly April 11, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2707

Introduced by Assembly Member Ridley-Thomas

(Coauthor: Assembly Member Wilk)

February 19, 2016

An act to add Section 51.14 to the Civil Code, and to amend Section 12930 of the Government Code, relating to civil rights.

LEGISLATIVE COUNSEL’S DIGEST

AB 2707, as amended, Ridley-Thomas. Stop Consumer Racial Profiling Act of 2016.

Existing law, the Unruh Civil Rights Act, states that all persons within this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Under existing law, the Department of Fair Employment and Housing is responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging a violation of the act.

This bill would enact the Stop Consumer Racial Profiling Act of 2016, which would prohibit a business establishment from using consumer racial profiling, as defined. The bill would also make the Department of Fair Employment and Housing responsible for the enforcement of the act.

begin insert

This bill would incorporate additional changes to Section 12930 of the Government Code, proposed by SB 1442, to be operative only if SB 1442 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert

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

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

SECTION 1.  

Section 51.14 is added to the Civil Code, to read:

51.14.  

(a) This act shall be known, and may be cited, as the
Stop Consumer Racial Profiling Act of 2016.

(b) No business establishment shall use consumer racial
profiling.

(c) For purposes of this section, “consumer racial profiling”
shall mean the profiling or targeting of a person that results in
differential treatment based on his or her race or ethnicity and that
constitutes a denial or degradation in the product or service offered
to customers. “Consumer racial profiling” includes, but is not
limited to, refusal to serve, removal from the business
establishment premises, segregated seating, requiring additional
forms of identification, and surveillance practices based on race
or ethnicity.

begin delete

SEC. 2.  

Section 12930 of the Government Code is amended
to read:

12930.  

The department shall have the following functions,
powers, and duties:

(a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.

(b) To meet and function at any place within the state.

(c) To appoint attorneys, investigators, conciliators, mediators,
and other employees as it may deem necessary, fix their
compensation within the limitations provided by law, and prescribe
their duties.

(d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with
respect to housing discrimination, of conciliation councils.

(e) To adopt, promulgate, amend, and rescind suitable procedural
rules and regulations to carry out the investigation, prosecution,
and dispute resolution functions and duties of the department
pursuant to this part.

(f) (1) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging practices made unlawful pursuant to Chapter
6 (commencing with Section 12940).

(2) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging a violation of Section 51, 51.5, 51.7, 51.14,
54, 54.1, or 54.2 of the Civil Code. The remedies and procedures
of this part shall be independent of any other remedy or procedure
that might apply.

(g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:

(1) To issue subpoenas to require the attendance and testimony
of witnesses and the production of books, records, documents, and
physical materials.

(2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.

(3) To issue written interrogatories.

(4) To request the production for inspection and copying of
books, records, documents, and physical materials.

(5) To petition the superior courts to compel the appearance
and testimony of witnesses, the production of books, records,
documents, and physical materials, and the answering of
interrogatories.

(h) To bring civil actions pursuant to Section 12965 or 12981
and to prosecute those civil actions before state and federal trial
courts.

(i) To issue those publications and those results of investigations
and research as in its judgment will tend to promote good will and
minimize or eliminate discrimination in employment on the bases
enumerated in this part and discrimination in housing because of
race, religious creed, color, sex, gender, gender identity, gender
expression, marital status, national origin, ancestry, familial status,
disability, genetic information, or sexual orientation.

(j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to
be engaged in pursuant to Section 12990.

(k) To render annually to the Governor and to the Legislature
a written report of its activities and of its recommendations.

(l) To conduct mediations at any time after a complaint is filed
pursuant to Section 12960, 12961, or 12980. The department may
end mediation at any time.

(m) The following shall apply with respect to any accusation
pending before the former Fair Employment and Housing
Commission on or after January 1, 2013:

(1) If an accusation issued under former Section 12965 includes
a prayer either for damages for emotional injuries as a component
of actual damages, or for administrative fines, or both, or if an
accusation is amended for the purpose of adding a prayer either
for damages for emotional injuries as a component of actual
damages, or for administrative fines, or both, with the consent of
the party accused of engaging in unlawful practices, the department
may withdraw an accusation and bring a civil action in superior
court.

(2) If an accusation was issued under former Section 12981,
with the consent of the aggrieved party filing the complaint an
aggrieved person on whose behalf a complaint is filed, or the party
accused of engaging in unlawful practices, the department may
withdraw the accusation and bring a civil action in superior court.

(3) Where removal to court is not feasible, the department shall
retain the services of the Office of Administrative Hearings to
adjudicate the administrative action pursuant to Sections 11370.3
and 11502.

(n) On any Section 1094.5 Code of Civil Procedure challenge
to a decision of the former Fair Employment and Housing
Commission pending on or after January 1, 2013, the director or
his or her designee shall consult with the Attorney General
regarding the defense of that writ petition.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 12930 of the end insert begin insert Government Code end insert begin insert , as amended
by Chapter 63 of the Statutes of 2016, is amended to read: end insert

12930.  

The department shall have the following functions,
powers, and duties:

(a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.

(b) To meet and function at any place within the state.

(c) To appoint attorneys, investigators, conciliators, mediators,
and other employees as it may deem necessary, fix their
compensation within the limitations provided by law, and prescribe
their duties.

(d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with
respect to housing discrimination, of conciliation councils.

(e) To adopt, promulgate, amend, and rescind suitable procedural
rules and regulations to carry out the investigation, prosecution,
and dispute resolution functions and duties of the department
pursuant to this part.

(f) (1) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging practices made unlawful pursuant to Chapter
6 (commencing with Section 12940).

(2) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging a violation of Section 51, 51.5, 51.7, begin insert 51.14, end insert
54, 54.1, or 54.2 of the Civil Code. The remedies and procedures
of this part shall be independent of any other remedy or procedure
that might apply.

(3) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging, and to bring civil actions pursuant to Section
52.5 of the Civil Code for, a violation of Section 236.1 of the Penal
Code. Damages awarded in any action brought by the department
pursuant to Section 52.5 of the Civil Code shall be awarded to the
person harmed by the violation of Section 236.1 of the Penal Code.
Costs and attorney’s fees awarded in any action brought by the
department pursuant to Section 52.5 of the Civil Code shall be
awarded to the department. The remedies and procedures of this
part shall be independent of any other remedy or procedure that
might apply.

(g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:

(1) To issue subpoenas to require the attendance and testimony
of witnesses and the production of books, records, documents, and
physical materials.

(2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.

(3) To issue written interrogatories.

(4) To request the production for inspection and copying of
books, records, documents, and physical materials.

(5) To petition the superior courts to compel the appearance
and testimony of witnesses, the production of books, records,
documents, and physical materials, and the answering of
interrogatories.

(h) To bring civil actions pursuant to Section 12965 or 12981
and to prosecute those civil actions before state and federal trial
courts.

(i) To issue those publications and those results of investigations
and research as in its judgment will tend to promote good will and
minimize or eliminate discrimination in employment on the bases
enumerated in this part and discrimination in housing because of
race, religious creed, color, sex, gender, gender identity, gender
expression, marital status, national origin, ancestry, familial status,
disability, genetic information, or sexual orientation.

(j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to
be engaged in pursuant to Section 12990.

(k) To render annually to the Governor and to the Legislature
a written report of its activities and of its recommendations.

(l) To conduct mediations at any time after a complaint is filed
pursuant to Section 12960, 12961, or 12980. The department may
end mediation at any time.

(m) The following shall apply with respect to any accusation
pending before the former Fair Employment and Housing
Commission on or after January 1, 2013:

(1) If an accusation issued under former Section 12965 includes
a prayer either for damages for emotional injuries as a component
of actual damages, or for administrative fines, or both, or if an
accusation is amended for the purpose of adding a prayer either
for damages for emotional injuries as a component of actual
damages, or for administrative fines, or both, with the consent of
the party accused of engaging in unlawful practices, the department
may withdraw an accusation and bring a civil action in superior
court.

(2) If an accusation was issued under former Section 12981,
with the consent of the aggrieved party filing the complaint an
aggrieved person on whose behalf a complaint is filed, or the party
accused of engaging in unlawful practices, the department may
withdraw the accusation and bring a civil action in superior court.

(3) Where removal to court is not feasible, the department shall
retain the services of the Office of Administrative Hearings to
adjudicate the administrative action pursuant to Sections 11370.3
and 11502.

(n) On any Section 1094.5 Code of Civil Procedure challenge
to a decision of the former Fair Employment and Housing
Commission pending on or after January 1, 2013, the director or
his or her designee shall consult with the Attorney General
regarding the defense of that writ petition.

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 12930 of the end insert begin insert Government Code end insert begin insert , as amended
by Chapter 63 of the Statutes of 2016, is amended to read: end insert

12930.  

The department shall have the following functions,
powers, and duties:

(a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.

(b) To meet and function at any place within the state.

(c) To appoint attorneys, investigators, conciliators, mediators,
and other employees as it may deem necessary, fix their
compensation within the limitations provided by law, and prescribe
their duties.

(d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with
respect to housing discrimination, of conciliation councils.

(e) To adopt, promulgate, amend, and rescind suitable procedural
rules and regulations to carry out the investigation, prosecution,
and dispute resolution functions and duties of the department
pursuant to this part.

(f) (1) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging practices made unlawful pursuant to Chapter
6 (commencing with Section 12940).

(2) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging a violation of Section 51, 51.5, 51.7, begin insert 51.14, end insert
54, 54.1, or 54.2 of the Civil Code. The remedies and procedures
of this part shall be independent of any other remedy or procedure
that might apply.

(3) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging, and to bring civil actions pursuant to Section
52.5 of the Civil Code for, a violation of Section 236.1 of the Penal
Code. Damages awarded in any action brought by the department
pursuant to Section 52.5 of the Civil Code shall be awarded to the
person harmed by the violation of Section 236.1 of the Penal Code.
Costs and attorney’s fees awarded in any action brought by the
department pursuant to Section 52.5 of the Civil Code shall be
awarded to the department. The remedies and procedures of this
part shall be independent of any other remedy or procedure that
might apply.

begin insert

(4) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging practices made unlawful pursuant to Article
9.5 (commencing with Section 11135) of Chapter 1 of Part 1,
except for complaints relating to educational equity brought under
Chapter 2 (commencing with Section 200) of Part 1 of Division 1
of Title 1 of the Education Code and investigated pursuant to the
procedures set forth in Subchapter 5.1 of Title 5 of the California
Code of Regulations, and not otherwise within the jurisdiction of
the department.

end insert begin insert

(A) Nothing in this part prevents the director or his or her
authorized representative, in his or her discretion, from making,
signing, and filing a complaint pursuant to Section 12960 or 12961
alleging practices made unlawful under Section 11135.

end insert begin insert

(B) Remedies available to the department in conciliating,
mediating, and prosecuting complaints alleging these practices
are the same as those available to the department in conciliating,
mediating, and prosecuting complaints alleging violations of
Article 1 (commencing with Section 12940) of Chapter 6.

end insert

(g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:

(1) To issue subpoenas to require the attendance and testimony
of witnesses and the production of books, records, documents, and
physical materials.

(2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.

(3) To issue written interrogatories.

(4) To request the production for inspection and copying of
books, records, documents, and physical materials.

(5) To petition the superior courts to compel the appearance
and testimony of witnesses, the production of books, records,
documents, and physical materials, and the answering of
interrogatories.

(h) To bring civil actions pursuant to Section 12965 or 12981
and to prosecute those civil actions before state and federal trial
courts.

(i) To issue those publications and those results of investigations
and research as in its judgment will tend to promote good will and
minimize or eliminate discrimination in employment on the bases
enumerated in this part and discrimination in housing because of
race, religious creed, color, sex, gender, gender identity, gender
expression, marital status, national origin, ancestry, familial status,
disability, genetic information, or sexual orientation.

(j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to
be engaged in pursuant to Section 12990.

(k) To render annually to the Governor and to the Legislature
a written report of its activities and of its recommendations.

(l) To conduct mediations at any time after a complaint is filed
pursuant to Section 12960, 12961, or 12980. The department may
end mediation at any time.

(m) The following shall apply with respect to any accusation
pending before the former Fair Employment and Housing
Commission on or after January 1, 2013:

(1) If an accusation issued under former Section 12965 includes
a prayer either for damages for emotional injuries as a component
of actual damages, or for administrative fines, or both, or if an
accusation is amended for the purpose of adding a prayer either
for damages for emotional injuries as a component of actual
damages, or for administrative fines, or both, with the consent of
the party accused of engaging in unlawful practices, the department
may withdraw an accusation and bring a civil action in superior
court.

(2) If an accusation was issued under former Section 12981,
with the consent of the aggrieved party filing the complaint an
aggrieved person on whose behalf a complaint is filed, or the party
accused of engaging in unlawful practices, the department may
withdraw the accusation and bring a civil action in superior court.

(3) Where removal to court is not feasible, the department shall
retain the services of the Office of Administrative Hearings to
adjudicate the administrative action pursuant to Sections 11370.3
and 11502.

(n) On any Section 1094.5 Code of Civil Procedure challenge
to a decision of the former Fair Employment and Housing
Commission pending on or after January 1, 2013, the director or
his or her designee shall consult with the Attorney General
regarding the defense of that writ petition.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 12930 of the Government Code proposed by both this bill
and SB 1442. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 12930 of the Government Code, and (3)
this bill is enacted after SB 1442, in which case Section 2 of this
bill shall not become operative.

end insert