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
begin delete Agency,end delete is charged with enforcement of civil rights violations, including discrimination. Existing law authorizes the begin delete department,end delete 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 by 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.
begin delete Thisend delete
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:
Section 261 of the Education Code is repealed.
Chapter 18 (commencing with Section 7400) is added
3to Division 7 of Title 1 of the Government Code, to read:
(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.
P3 1(3) It is the intent of this section that all governmental agencies
2shall engage in general recruitment and outreach programs to all
3individuals, including persons who are economically
5(b) For purposes of this section, underrepresentation shall be
6determined by comparing the minority group or the number of
7women at the governmental agency with that group’s representation
8in the current civilian labor force in the jurisdiction of the
10(c) State government employment shall use current state civilian
11labor force data to implement this section.
12(d) It is the intent of this section to allow public sector employers
13to conduct outreach efforts with a goal of supplementing
14word-of-mouth recruitment that should result in increasing diversity
15of the public sector workforce.
16(e) The type of recruitment activities allowed would include,
17but not be limited to, placement of job announcements in the
18following media instruments:
19(1) General circulation newspapers, general circulation
20publications, and general market radio and television stations,
21including electronic media.
22(2) Local and regional community newspapers.
23(3) Newspapers, publications, and radio and television stations
24that provide information in languages other than English and whose
25primary audience is residents of minority and low-income
27(4) Publications, including electronic media, that are distributed
28to the general market and to newspapers, publications, and radio
29and television stations whose primary audience is comprised of
30minority groups or women.
31(5) Recruitment booths at job fairs or conferences oriented to
32both the general market and the economically disadvantaged as
33well as those events drawing a significant participation by
34minorities or women.
(a) The Governor’s Task Force on Diversity and
36Outreach, in its August 1, 2000, report, concluded that data on
37minority business participation is not currently available, and that
38lack of useful data on minority business participation in state
39contracting is an overarching issue to be addressed.
P4 1(b) In contracting for and procuring goods, services, information
2technology, construction, architecture, and engineering consulting,
3and other consulting services, state and local departments and
4agencies are authorized to engage in focused outreach activities
5in addition to general outreach, for purposes of increasing
6participation by California’s small business sector and increasing
7 diversity in the state’s contracting and procurement activities.
8(c) Outreach activities may include, but are not limited to, the
10(1) Invitations to bid distributed by state and local departments
11and agencies to state and local small business and trade associations
12and chambers of commerce, including ethnic chambers of
13commerce, and other business and professional associations,
14including professional minority, women, and disabled
15veteran-owned businesses and professional groups and associations,
17(2) Publication of advertising concerning state and local
18contracting and procurement opportunities in trade papers and
19other publications focusing on small business enterprises, including
20publications and newspapers in languages other than English and
21those whose primary readership is minority, women, or disabled
23(3) Outreach by small business advocates in each state or local
24government department or agency to state and local small business
25and trade associations and chambers of commerce, including ethnic
26chambers of commerce, and other business and professional
27associations, including professional minority, women, and disabled
28veteran-owned businesses and professional groups and associations,
Chapter 18.1 (commencing with Section 7405) is added
31to Division 7 of Title 1 of the Government Code, to read:
The Legislature finds and declares that the ability to
36utilize electronic or information technology is often an essential
37function for successful employment in the current work world.
38(a) In order to improve accessibility of existing technology, and
39therefore increase the successful employment of individuals with
40disabilities, particularly blind and visually impaired and deaf and
P5 1hard-of-hearing persons, state governmental entities, in developing,
2procuring, maintaining, or using electronic or information
3technology, either indirectly or through the use of state funds by
4other entities, shall comply with the accessibility requirements of
5Section 508 of the federal Rehabilitation Act of 1973, as amended
6 (29 U.S.C. Sec. 794d), and regulations implementing that act as
7set forth in Part 1194 of Title 36 of the Federal Code of
9(b) Any entity that contracts with a state or local entity subject
10to Section 11135 for the provision of electronic or information
11technology or for the provision of related services shall agree to
12respond to, and resolve any complaint regarding accessibility of,
13its products or services that is brought to the attention of the entity.
Section 11135 of the Government Code is amended
(a) No person in the State of California shall, on the
17basis of sex, race, color, religion, ancestry, national origin, age,
18mental disability, physical disability, medical condition, genetic
19information, marital status, or sexual orientation, be unlawfully
20denied full and equal access to the benefits of, or be unlawfully
21subjected to discrimination under, any program or activity that is
22conducted, operated, or administered by the state or by any state
23agency, is funded directly by the state, or receives any financial
24assistance from the state. Notwithstanding Section 11000, this
25section applies to the California State University.
26(b) With respect to discrimination on the basis of disability,
27programs and activities subject to subdivision (a) shall meet the
28 protections and prohibitions contained in Section 202 of the federal
29Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
30and the federal rules and regulations adopted in implementation
31thereof, except that if the laws of this state prescribe stronger
32protections and prohibitions, the programs and activities subject
33to subdivision (a) shall be subject to the stronger protections and
35(c) The protected bases referenced in this section have the same
36meanings as those terms are defined in Section 12926.
37(d) The protected bases used in this section include a perception
38that a person has any of those characteristics or that the person is
39associated with a person who has, or is perceived to have, any of
Section 11136 of the Government Code is amended
Whenever a state agency that administers a program
4or activity that is funded directly by the state or receives any
5financial assistance from the state has reasonable cause to believe
6that a contractor, grantee, or local agency has violated the
7provisions of Section 11135, Part 2.8 (commencing with Section
812900) of this code, Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of
9the Civil Code, or any regulation adopted to implement these
10sections or Article 1 (commencing with Section 12960) of Chapter
117 of this code, the head of the state agency, or his or her designee,
12shall notify the contractor, grantee, or local agency of such
13violation and shall submit a complaint detailing the alleged
14violations to the Department of Fair Employment and Housing for
15investigation and determination pursuant to Article 1 (commencing
16 with Section 12960) of Chapter 7 of this code.
Section 11137 of the Government Code is amended
If it is determined that a contractor, grantee, or local
20agency has violated the provisions of this article, pursuant to the
21process described in Section 11136, the state agency that
22administers the program or activity involved shall take action to
23curtail state funding in whole or in part to such contractor, grantee,
24or local agency.
Section 11138 of the Government Code is repealed.
Section 11139 of the Government Code is amended
The prohibitions and sanctions imposed by this article
29are in addition to any other prohibitions and sanctions imposed by
31This article shall not be interpreted in a manner that would
32frustrate its purpose.
33This article shall not be interpreted in a manner that would
34undermine lawful programs which benefit members of the protected
35bases described in Section 11135.
36This article and regulations adopted pursuant to this article may
37be enforced by a civil action for equitable relief, which shall be
38independent of any other rights and remedies.
Section 11139.3 of the Government Code is repealed.
Section 11139.5 of the Government Code is repealed.
Section 11139.6 of the Government Code is repealed.
Section 11139.7 of the Government Code is repealed.
Section 12930 of the Government Code is amended
The department shall have the following functions,
6powers, and duties:
7(a) To establish and maintain a principal office and any other
8offices within the state as are necessary to carry out the purposes
9of this part.
10(b) To meet and function at any place within the state.
11(c) To appoint attorneys, investigators, conciliators, mediators,
12and other employees as it may deem necessary, fix their
13compensation within the limitations provided by law, and prescribe
15(d) To obtain upon request and utilize the services of all
16governmental departments and agencies and, in addition, with
17respect to housing discrimination, of conciliation councils.
18(e) To adopt, promulgate, amend, and rescind suitable procedural
19rules and regulations to carry out the investigation, prosecution,
20and dispute resolution functions and duties of the department
21pursuant to this part.
22(f) (1) To receive, investigate, conciliate, mediate, and prosecute
23complaints alleging practices made unlawful pursuant to Chapter
246 (commencing with Section 12940).
25(2) To receive, investigate, conciliate, mediate, and prosecute
26complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1,
27or 54.2 of the Civil Code. The remedies and procedures of this
28part shall be independent of any other remedy or procedure that
30(3) To receive, investigate,
conciliate, mediate, and prosecute
31complaints alleging practices made unlawful pursuant to Article
329.5 (commencing with Section 11135) of Chapter 1 of Part 1,
33except for complaints relating to educational equity brought under
34Chapter 2 (commencing with Section 200) of Part 1 of Division 1
35of Title 1 of the Education Code and investigated pursuant to the
36procedures set forth in Subchapter 5.1 of Title 5 of the California
37Code of Regulations, and not otherwise within the jurisdiction of
39(A) Nothing in this part prevents the director or his or her
40authorized representative, in his or her discretion, from making,
P8 1signing, and filing a complaint pursuant to Section 12960 or 12961
2alleging practices made unlawful under Section 11135.
3(B) Remedies available to the department in conciliating,
4mediating, and prosecuting complaints alleging these practices are
5the same as those available to the department in conciliating,
6mediating, and prosecuting complaints alleging violations of Article
71 (commencing with Section 12940) of Chapter 6.
8(g) In connection with any matter under investigation or in
9question before the department pursuant to a complaint filed under
10Section 12960, 12961, or 12980:
11(1) To issue subpoenas to require the attendance and testimony
12of witnesses and the production of books, records, documents, and
14(2) To administer oaths, examine witnesses under oath and take
15evidence, and take depositions and affidavits.
16(3) To issue written interrogatories.
17(4) To request the production for inspection and copying of
18books, records, documents, and physical materials.
19(5) To petition the superior courts to compel the appearance
20and testimony of witnesses, the production of books, records,
21documents, and physical materials, and the answering of
23(h) To bring civil actions pursuant to Section 12965 or 12981
24and to prosecute those civil actions before state and federal trial
26(i) To issue those publications and those results of investigations
27and research as in its judgment will tend to promote good will and
28minimize or eliminate discrimination in employment on the bases
29enumerated in this part and discrimination in housing because of
30race, religious creed, color, sex, gender, gender identity, gender
31expression, marital status, national origin, ancestry, familial status,
32disability, genetic information, or sexual orientation.
33(j) To investigate, approve, certify, decertify, monitor, and
34enforce nondiscrimination programs proposed by a contractor to
35be engaged in pursuant to Section 12990.
36(k) To render annually to the Governor and to the Legislature
37a written report of its activities and of its recommendations.
38(l) To conduct mediations at any time after a complaint is filed
39pursuant to Section 12960, 12961, or 12980. The department may
40end mediation at any time.
P9 1(m) The following shall apply with respect to any accusation
2pending before the former Fair Employment and Housing
3Commission on or after January 1, 2013:
4(1) If an accusation issued under former Section 12965 includes
5a prayer either for damages for emotional injuries as a component
6of actual damages, or for administrative fines, or both, or if an
7accusation is amended for the purpose of adding a prayer either
8for damages for emotional injuries as a component of actual
9damages, or for administrative fines, or both, with the consent of
10the party accused of engaging in unlawful practices, the department
11may withdraw an accusation and bring a civil action in superior
13(2) If an accusation was issued under former Section 12981,
14with the consent of the aggrieved party filing the complaint an
15aggrieved person on whose behalf a complaint is filed, or the party
16accused of engaging in unlawful practices, the department may
17withdraw the accusation and bring a civil action in superior court.
18(3) Where removal to court is not feasible, the department shall
19retain the services of the Office of Administrative Hearings to
20 adjudicate the administrative action pursuant to Sections 11370.3
22(n) On any Section 1094.5 Code of Civil Procedure challenge
23to a decision of the former Fair Employment and Housing
24Commission pending on or after January 1, 2013, the director or
25his or her designee shall consult with the Attorney General
26regarding the defense of that writ petition.
Section 12935 of the Government Code is amended
The council shall have the following functions, powers,
31(a) To adopt, promulgate, amend, and rescind suitable rules,
32regulations, and standards that do either of the following:
33(1) Interpret, implement, and apply all provisions of this part,
34Article 9.5 (commencing with Section 11135) of Chapter 1 of Part
351 of this code, and Sections 51, 51.5, 51.7,
3654, 54.1, and 54.2 of the Civil Code.
9(2) Carry out all other functions and duties of the council
10pursuant to this part.
11(b) To meet at any place within the state and function in any
12 office of the department.
13(c) To create or provide technical assistance to any advisory
14agencies and conciliation councils, local or otherwise, as in its
15judgment will aid in effectuating the purposes of this part, and to
16empower them to study the problems of discrimination in all or
17specific fields of human relationships or in particular instances of
18employment discrimination on the bases enumerated in this part
19or in specific instances of housing discrimination on the bases
20enumerated in this part and to foster, through community effort or
21otherwise, good will, cooperation, and conciliation among the
22groups and elements of the population of the state and to make
23recommendations to the Fair Employment and Housing Council
24for the development of policies and procedures in general except
25for procedural rules and regulations that carry out the investigation,
26prosecution, and dispute resolution functions and duties of the
27department. These advisory agencies and conciliation councils
28shall be composed of representative citizens, serving without pay.
29(d) To hold hearings, issue publications, results of inquiries and
30research, and reports to the Governor and the Legislature that, in
31its judgment, will tend to aid in effectuating the purpose of this
32part, promote good will, cooperation and conciliation, and
33minimize or eliminate unlawful discrimination, or advance civil
34rights in the State of California.
Section 12957 is added to the Government Code, to
(a) It is the policy of this state and the purpose of this
38section to facilitate and support the development and operation of
39housing for homeless youth.
P11 1(b) The provision of housing for homeless youth is hereby
2authorized and shall not be considered unlawful age discrimination,
3notwithstanding any other provision of law, including, but not
4limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections
511135, 12920, and 12955 of this code, Chapter 11.5 (commencing
6with Section 50800) of Part 2 of Division 31 of the Health and
7Safety Code, and local housing or age discrimination ordinances.
8(c) This section shall not be construed to permit discrimination
9against families with children.
10(d) This section shall occupy the field of regulation of housing
11for homeless youth by any local public entity, including, but not
12limited to, a city, county, and city and county.
13(e) For purposes of this section, the following definitions shall
15(1) “At risk of becoming homeless” means facing eviction or
16termination of one’s current housing situation.
17(2) “Homeless youth” means either of the following:
18(A) A person who is not older than 24 years of age, and meets
19one of the following conditions:
20(i) Is homeless or at risk of becoming homeless.
21(ii) Is no longer eligible for foster care on the basis of age.
22(iii) Has run away from home.
23(B) A person who is younger than 18 years of age, who is
24emancipated pursuant to Part 6 (commencing with Section 7000)
25of Division 11 of the Family Code, and who is homeless or at risk
26of becoming homeless.
27(3) “Housing for homeless youth” means emergency,
28transitional, or permanent housing tied to supportive services that
29assist homeless youth in stabilizing their lives and developing the
30skills and resources they need to make a successful transition to
31independent, self-sufficient adulthood.