Amended in Senate April 6, 2015

Senate Bill No. 600

Introduced by Senator Pan

February 27, 2015

An act begin insert to amend Section 51 of the Civil Code, end insert relating to discrimination.

LEGISLATIVE COUNSEL’S DIGEST

SB 600, as amended, Pan. begin delete Discrimination: immigration status. end delete begin insert Discrimination: citizenship: language: immigration status. end insert

Existing law finds and declares that all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. Existing law, 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, or sexual orientation.

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This bill would declare the intent of the Legislature to enact legislation to protect California’s immigrants from discrimination on the basis of their immigration status, citizenship, and language.

end delete begin insert

This bill would extend the protections of the Unruh Civil Rights Act to persons regardless of citizenship, primary language, or immigration status.

end insert

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 51 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

51.  

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

(b) All persons within the jurisdiction of 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, begin delete or end delete sexual orientation begin insert , citizenship, primary language,
or immigration status end insert are entitled to the full and equal
accommodations, advantages, facilities, privileges, or services in
all business establishments of every kind whatsoever.

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

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

(e) For purposes of this section:

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

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

(i) The individual’s genetic tests.

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

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

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

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

(3) “Medical condition” has the same meaning as defined in
subdivision begin delete (h) end delete begin insert (i) end insert of Section 12926 of the Government Code.

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

(5) “Sex” includes, but is 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. “Gender”
means 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.

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

(7) “Sexual orientation” has the same meaning as defined in
subdivision begin delete (r) end delete begin insert (s) end insert of Section 12926 of the Government Code.

(f) A violation of the right of any individual under the federal
Americans with Disabilities Act of 1990 (P.L. 101-336) shall also
constitute a violation of this section.

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

end insert

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begin insert SEC. 2. end insert   

end insert begin insert

The amendment of Section 51 of the Civil Code by this
act does not constitute a change in, but is declaratory of, existing
law. It is not the intent of the Legislature in amending the Unruh
Civil Rights Act to affect the protected status of any other
classification, whether or not expressed in Section 51 of the Civil
Code.

end insert

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SECTION 1.  

It is the intent of the Legislature to enact
legislation to protect California’s immigrants from discrimination
on the basis of their immigration status, citizenship, and language.

end delete