Amended in Senate April 26, 2016

Senate BillNo. 1442


Introduced by Senator Liu

February 19, 2016


An act to repeal Section 261 of the Education Code, and to amend Sections 11135, 11136, 11137, 11139, 12930, and 12935 of, to add Section 12957 to, to add Chapter 18 (commencing with Section 7400) and Chapter 18.1 (commencing with Section 7405) to Division 7 of Title 1 of, and to repeal Sections 11138, 11139.3, 11139.5, 11139.6, and 11139.7 of, the Government Code, relating to discrimination.

LEGISLATIVE COUNSEL’S DIGEST

SB 1442, as amended, Liu. Discrimination: regulations and enforcement.

Existing law prohibits discrimination in employment, housing, and eligibility for government programs and benefits based upon specified personal characteristics. Under existing law, the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency, is charged with enforcement of civil rights violations, including discrimination. Existing law authorizes the department, and other state agencies that administer programs or activities funded by the state or that receive financial assistance from the state and that enter into contracts for services to be provided to the public, as specified, to promulgate regulations to prohibit discrimination.

This bill would reorganize various statutes regarding discrimination. The bill would also remove the authority of those state agencies to promulgate regulations to prohibit discrimination and would require the investigation and enforcement of the above-described antidiscrimination provisions to be performed bybegin delete toend delete the department.

Existing law authorizes the provision of housing for homeless youth, as defined, and occupies the field of regulation of housing for homeless youth. This bill would reorganize these provisions by making them part of the Fair Employment and Housing Act. The bill would also make conforming changes.

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

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

P2    1

SECTION 1.  

Section 261 of the Education Code is repealed.

2

SEC. 2.  

Chapter 18 (commencing with Section 7400) is added
3to Division 7 of Title 1 of the Government Code, to read:

4 

5Chapter  18. Bidding and Outreach Programs
6

 

7

7400.  

(a) (1) The Legislature finds and declares that
8subdivision (a) of Section 31 of Article I of the California
9Constitution prohibits state and local government agencies from
10discriminating against or granting preferential treatment to any
11individual or group on the basis of race, sex, color, ethnicity, or
12national origin in the operation of public employment, public
13education, and public contracting. The Legislature finds that this
14prohibition does not prevent governmental agencies from engaging
15in inclusive public sector outreach and recruitment programs that,
16as a component of general recruitment, may include, but not be
17limited to, focused outreach and recruitment of minority groups
18and women if any group is underrepresented in entry level positions
19of a public sector employer.

20(2) The Legislature also finds and declares that increasing the
21number of businesses that participate in the bidding process in
22public contracting results in more vigorous competition, and thus
23assists state and local agencies in obtaining the desired quality of
24work at a lower cost.

25(3) It is the intent of this section that all governmental agencies
26shall engage in general recruitment and outreach programs to all
27individuals, including persons who are economically
28disadvantaged.

29(b) For purposes of this section, underrepresentation shall be
30determined by comparing the minority group or the number of
P3    1women at the governmental agency with that group’s representation
2in the current civilian labor force in the jurisdiction of the
3governmental agency.

4(c) State government employment shall use current state civilian
5labor force data to implement this section.

6(d) It is the intent of this section to allow public sector employers
7to conduct outreach efforts with a goal of supplementing
8word-of-mouth recruitment that should result in increasing diversity
9of the public sector workforce.

10(e) The type of recruitment activities allowed would include,
11but not be limited to, placement of job announcements in the
12following media instruments:

13(1) General circulation newspapers, general circulation
14publications, and general market radio and television stations,
15including electronic media.

16(2) Local and regional community newspapers.

17(3) Newspapers, publications, and radio and television stations
18that provide information in languages other than English and whose
19primary audience is residents of minority and low-income
20communities.

21(4) Publications, including electronic media, that are distributed
22to the general market and to newspapers, publications, and radio
23and television stations whose primary audience is comprised of
24minority groups or women.

25(5) Recruitment booths at job fairs or conferences oriented to
26both the general market and the economically disadvantaged as
27well as those events drawing a significant participation by
28minorities or women.

29

7401.  

(a) The Governor’s Task Force on Diversity and
30Outreach, in its August 1, 2000, report, concluded that data on
31minority business participation is not currently available, and that
32lack of useful data on minority business participation in state
33contracting is an overarching issue to be addressed.

34(b) In contracting for and procuring goods, services, information
35technology, construction, architecture, and engineering consulting,
36and other consulting services, state and local departments and
37agencies are authorized to engage in focused outreach activities
38in addition to general outreach, for purposes of increasing
39participation by California’s small business sector and increasing
40 diversity in the state’s contracting and procurement activities.

P4    1(c) Outreach activities may include, but are not limited to, the
2following:

3(1) Invitations to bid distributed by state and local departments
4and agencies to state and local small business and trade associations
5and chambers of commerce, including ethnic chambers of
6commerce, and other business and professional associations,
7including professional minority, women, and disabled
8veteran-ownedbegin delete businessend deletebegin insert businessesend insert and professional groups and
9associations, as appropriate.

10(2) Publication of advertising concerning state and local
11contracting and procurement opportunities in trade papers and
12other publications focusing on small business enterprises, including
13publications and newspapers in languages other than English and
14those whose primary readership is minority, women, or disabled
15veteran-owned businesses.

16(3) Outreach by small business advocates in each state or local
17government department or agency to state and local small business
18and trade associations and chambers of commerce, including ethnic
19chambers of commerce, and other business and professional
20associations, including professional minority, women, and disabled
21veteran-ownedbegin delete businessend deletebegin insert businessesend insert and professional groups and
22associations, as appropriate.

23

SEC. 3.  

Chapter 18.1 (commencing with Section 7405) is added
24to Division 7 of Title 1 of the Government Code, to read:

25 

26Chapter  18.1. Electronic and Information Technology
27

 

28

7405.  

The Legislature finds and declares that the ability to
29utilize electronic or information technology is often an essential
30function for successful employment in the current work world.

31(a) In order to improve accessibility of existing technology, and
32therefore increase the successful employment of individuals with
33disabilities, particularly blind and visually impaired and deaf and
34hard-of-hearing persons, state governmental entities, in developing,
35procuring, maintaining, or using electronic or information
36technology, either indirectly or through the use of state funds by
37other entities, shall comply with the accessibility requirements of
38Section 508 of the federal Rehabilitation Act of 1973, as amended
39 (29 U.S.C. Sec. 794d), and regulations implementing that act as
P5    1set forth in Part 1194 of Title 36 of the Federal Code of
2Regulations.

3(b) Any entity that contracts with a state or local entity subject
4to Section 11135 for the provision of electronic or information
5technology or for the provision of related services shall agree to
6respond to, and resolve any complaint regarding accessibility of,
7its products or services that is brought to the attention of the entity.

8

SEC. 4.  

Section 11135 of the Government Code is amended
9to read:

10

11135.  

(a) No person in the State of California shall, on the
11basis of sex, race, color, religion, ancestry, national origin, age,
12begin delete disability,end deletebegin insert mental disability, physical disability,end insert medical condition,
13genetic information, marital status, or sexual orientation, be
14unlawfully denied full and equal access to the benefits of, or be
15unlawfully subjected to discrimination under, any program or
16activity that is conducted, operated, or administered by the state
17or by any state agency, is funded directly by the state, or receives
18any financial assistance from the state. Notwithstanding Section
1911000, this section applies to the California State University.

20(b) With respect to discrimination on the basis of disability,
21programs and activities subject to subdivision (a) shall meet the
22protections and prohibitions contained in Section 202 of the federal
23Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
24and the federal rules and regulations adopted in implementation
25thereof, except that if the laws of this state prescribe stronger
26protections and prohibitions, the programs and activities subject
27to subdivision (a) shall be subject to the stronger protections and
28prohibitions.

29(c) The protected bases referenced in this section have the same
30meanings as those terms are defined in Section 12926.

31(d)  The protected bases used in this section include a perception
32that a person has any of those characteristics or that the person is
33associated with a person who has, or is perceived to have, any of
34those characteristics.

35

SEC. 5.  

Section 11136 of the Government Code is amended
36to read:

37

11136.  

Whenever a state agency that administers a program
38or activity that is funded directly by the state or receives any
39financial assistance from thebegin delete state,end deletebegin insert stateend insert has reasonable cause to
40believe that a contractor, grantee, or local agency has violated the
P6    1provisions of Section 11135, Part 2.8 (commencing with Section
212900) of this code, Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of
3the Civil Code, or any regulation adopted to implement these
4begin delete sections,end deletebegin insert sections orend insert Article 1 (commencing with Section 12960)
5of Chapter 7 of thisbegin delete code.end deletebegin insert code,end insert the head of the state agency, or
6his or her designee, shall notify the contractor, grantee, or local
7agency of such violation and shall submit a complaint detailing
8the alleged violations to the Department of Fair Employment and
9Housing for investigation and determination pursuant to Article 1
10(commencing with Sectionbegin delete 12460)end deletebegin insert 12960)end insert of Chapter 7 of this
11code.

12

SEC. 6.  

Section 11137 of the Government Code is amended
13to read:

14

11137.  

If it is determined that a contractor, grantee, or local
15agency has violated the provisions of this article, pursuant to the
16process described in Section 11136, the state agency that
17administers the program or activity involved shall take action to
18curtail state funding in whole or in part to such contractor, grantee,
19or local agency.

20

SEC. 7.  

Section 11138 of the Government Code is repealed.

21

SEC. 8.  

Section 11139 of the Government Code is amended
22to read:

23

11139.  

The prohibitions and sanctions imposed by this article
24are in addition to any other prohibitions and sanctions imposed by
25law.

26This article shall not be interpreted in a manner that would
27frustrate its purpose.

28This article shall not be interpreted in a manner that would
29undermine lawful programs which benefit members of the protected
30bases described in Section 11135.

31This article and regulations adopted pursuant to this article may
32be enforced by a civil action for equitable relief, which shall be
33independent of any other rights and remedies.

34

SEC. 9.  

Section 11139.3 of the Government Code is repealed.

35

SEC. 10.  

Section 11139.5 of the Government Code is repealed.

36

SEC. 11.  

Section 11139.6 of the Government Code is repealed.

37

SEC. 12.  

Section 11139.7 of the Government Code is repealed.

38

SEC. 13.  

Section 12930 of the Government Code is amended
39to read:

P7    1

12930.  

The department shall have the following functions,
2powers, and duties:

3(a) To establish and maintain a principal office and any other
4offices within the state as are necessary to carry out the purposes
5of this part.

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

7(c) To appoint attorneys, investigators, conciliators, mediators,
8and other employees as it may deem necessary, fix their
9compensation within the limitations provided by law, and prescribe
10their duties.

11(d) To obtain upon request and utilize the services of all
12governmental departments and agencies and, in addition, with
13respect to housing discrimination, of conciliation councils.

14(e) To adopt, promulgate, amend, and rescind suitable procedural
15rules and regulations to carry out the investigation, prosecution,
16and dispute resolution functions and duties of the department
17pursuant to this part.

18(f) (1) To receive, investigate, conciliate, mediate, and prosecute
19complaints alleging practices made unlawful pursuant to Chapter
206 (commencing with Section 12940).

21(2) To receive, investigate, conciliate, mediate, and prosecute
22complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1,
23or 54.2 of the Civil Code. The remedies and procedures of this
24part shall be independent of any other remedy or procedure that
25might apply.

26(3) To receive, investigate, conciliate, mediate, and prosecute
27complaints alleging practices made unlawful pursuant to Article
289.5 (commencing with Section 11135) of Chapter 1 of Part 1,
29except for complaints relating to educational equity brought under
30Chapter 2 (commencing with Section 200) of Part 1 of Division 1
31of Title 1 of the Education Code and investigated pursuant to the
32procedures set forth in Subchapter 5.1 of Title 5 of the California
33Code of Regulations, and not otherwise within the jurisdiction of
34the department.

35(A) Nothing in this part prevents the director or his or her
36authorized representative, in his or her discretion, from making,
37signing, and filing a complaint pursuant to Section 12960 or 12961
38alleging practices made unlawful under Section 11135.

39(B) Remedies available to the department in conciliating,
40mediating, and prosecuting complaints alleging these practices are
P8    1the same as those available to the department in conciliating,
2mediating, and prosecuting complaints alleging violations of Article
31 (commencing with Section 12940) of Chapter 6.

4(g) In connection with any matter under investigation or in
5question before the department pursuant to a complaint filed under
6Section 12960, 12961, or 12980:

7(1) To issue subpoenas to require the attendance and testimony
8of witnesses and the production of books, records, documents, and
9physical materials.

10(2) To administer oaths, examine witnesses under oath and take
11evidence, and take depositions and affidavits.

12(3) To issue written interrogatories.

13(4) To request the production for inspection and copying of
14books, records, documents, and physical materials.

15(5) To petition the superior courts to compel the appearance
16and testimony of witnesses, the production of books, records,
17documents, and physical materials, and the answering of
18interrogatories.

19(h) To bring civil actions pursuant to Section 12965 or 12981
20and to prosecute those civil actions before state and federal trial
21courts.

22(i) To issue those publications and those results of investigations
23and research as in its judgment will tend to promote good will and
24minimize or eliminate discrimination in employment on the bases
25enumerated in this part and discrimination in housing because of
26race, religious creed, color, sex, gender, gender identity, gender
27expression, marital status, national origin, ancestry, familial status,
28disability, genetic information, or sexual orientation.

29(j) To investigate, approve, certify, decertify, monitor, and
30enforce nondiscrimination programs proposed by a contractor to
31be engaged in pursuant to Section 12990.

32(k) To render annually to the Governor and to the Legislature
33a written report of its activities and of its recommendations.

34(l) To conduct mediations at any time after a complaint is filed
35pursuant to Section 12960, 12961, or 12980. The department may
36end mediation at any time.

37(m) The following shall apply with respect to any accusation
38pending before the former Fair Employment and Housing
39Commission on or after January 1, 2013:

P9    1(1) If an accusation issued under former Section 12965 includes
2a prayer either for damages for emotional injuries as a component
3of actual damages, or for administrative fines, or both, or if an
4accusation is amended for the purpose of adding a prayer either
5for damages for emotional injuries as a component of actual
6damages, or for administrative fines, or both, with the consent of
7the party accused of engaging in unlawful practices, the department
8may withdraw an accusation and bring a civil action in superior
9court.

10(2) If an accusation was issued under former Section 12981,
11with the consent of the aggrieved party filing the complaint an
12aggrieved person on whose behalf a complaint is filed, or the party
13accused of engaging in unlawful practices, the department may
14withdraw the accusation and bring a civil action in superior court.

15(3) Where removal to court is not feasible, the department shall
16retain the services of the Office of Administrative Hearings to
17adjudicate the administrative action pursuant to Sections 11370.3
18and 11502.

19(n) On any Section 1094.5 Code of Civil Procedure challenge
20to a decision of the former Fair Employment and Housing
21Commission pending on or after January 1, 2013, the director or
22his or her designee shall consult with the Attorney General
23regarding the defense of that writ petition.

24

SEC. 14.  

Section 12935 of the Government Code is amended
25to read:

26

12935.  

The council shall have the following functions, powers,
27and duties:

28(a) To adopt, promulgate, amend, and rescind suitable rules,
29regulations, and standards that do either of the following:

30(1) Interpret, implement, and apply all provisions of this part,
31Article 9.5 (commencing with Section 11135) of Chapter 1 of Part
321 of this code, and Sections 51, 51.5, 51.7, 54, 54.1, and 54.2 of
33the Civil Code.

34(2) Carry out all other functions and duties of the council
35 pursuant to this part.

36(b) To meet at any place within the state and function in any
37office of the department.

38(c) To create or provide technical assistance to any advisory
39agencies and conciliation councils, local or otherwise, as in its
40judgment will aid in effectuating the purposes of this part, and to
P10   1empower them to study the problems of discrimination in all or
2specific fields of human relationships or in particular instances of
3employment discrimination on the bases enumerated in this part
4or in specific instances of housing discrimination on the bases
5enumerated in this part and to foster, through community effort or
6otherwise, good will, cooperation, and conciliation among the
7groups and elements of the population of the state and to make
8recommendations to the Fair Employment and Housing Council
9for the development of policies and procedures in general except
10for procedural rules and regulations that carry out the investigation,
11prosecution, and dispute resolution functions and duties of the
12department. These advisory agencies and conciliation councils
13shall be composed of representative citizens, serving without pay.

14(d) To hold hearings, issue publications, results of inquiries and
15research, and reports to the Governor and the Legislature that, in
16its judgment, will tend to aid inbegin delete theend delete effectuating the purpose of this
17part, promote good will, cooperation and conciliation, and
18minimize or eliminate unlawful discrimination, or advance civil
19rights in the State of California.

20

SEC. 15.  

Section 12957 is added to the Government Code, to
21read:

22

12957.  

(a) It is the policy of this state and the purpose of this
23section to facilitate and support the development and operation of
24housing for homeless youth.

25(b) The provision of housing for homeless youth is hereby
26authorized and shall not be considered unlawful age discrimination,
27notwithstanding any other provision of law, including, but not
28limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections
2911135, 12920, and 12955 of this code, Chapter 11.5 (commencing
30with Section 50800) of Part 2 of Division 31 of the Health and
31Safety Code, and local housing or age discrimination ordinances.

32(c) This section shall not be construed to permit discrimination
33against families with children.

34(d) This section shall occupy the field of regulation of housing
35for homeless youth by any local public entity, including, but not
36limited to, a city, county, and city and county.

37(e) For purposes of this section, the following definitions shall
38apply:

39(1) “At risk of becoming homeless” means facing eviction or
40termination of one’s current housing situation.

P11   1(2) “Homeless youth” means either of the following:

2(A) A person who is not older than 24 years of age, and meets
3one of the following conditions:

4(i) Is homeless or at risk of becoming homeless.

5(ii) Is no longer eligible for foster care on the basis of age.

6(iii) Has run away from home.

7(B) A person who is younger than 18 years of age, who is
8emancipated pursuant to Part 6 (commencing with Section 7000)
9of Division 11 of the Family Code, and who is homeless or at risk
10of becoming homeless.

11(3) “Housing for homeless youth” means emergency,
12transitional, or permanent housing tied to supportive services that
13assist homeless youth in stabilizing their lives and developing the
14skills and resources they need to make a successful transition to
15independent, self-sufficient adulthood.



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