Amended in Assembly June 29, 2016

Amended in Assembly June 21, 2016

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 lawbegin delete authorizesend deletebegin insert requiresend insert 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 thebegin delete authority ofend deletebegin insert requirement thatend insert those state agenciesbegin delete toend delete promulgate regulations to prohibit discriminationbegin insert under these provisionsend insert and would require the investigation and enforcement of the above-described antidiscrimination provisions to be performed by the department. The bill would require that specified regulations implementing these provisions be transferred to the portion of the California Code of Regulations that is under the authority of thebegin delete department.end deletebegin insert department and would authorize the department to add to, amend, or repeal the regulations, as necessary.end insert

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 California 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
P3    1public contracting results in more vigorous competition, and thus
2assists state and local agencies in obtaining the desired quality of
3work at a lower cost.

4(3) It is the intent of this section that all governmental agencies
5shall engage in general recruitment and outreach programs to all
6individuals, including persons who are economically
7disadvantaged.

8(b) For purposes of this section, underrepresentation shall be
9determined by comparing the minority group or the number of
10women at the governmental agency with that group’s representation
11in the current civilian labor force in the jurisdiction of the
12governmental agency.

13(c) State government employment shall use current state civilian
14labor force data to implement this section.

15(d) It is the intent of this section to allow public sector employers
16to conduct outreach efforts with a goal of supplementing
17word-of-mouth recruitment that should result in increasing diversity
18of the public sector workforce.

19(e) The type of recruitment activities allowed would include,
20but not be limited to, placement of job announcements in the
21following media instruments:

22(1) General circulation newspapers, general circulation
23publications, and general market radio and television stations,
24including electronic media.

25(2) Local and regional community newspapers.

26(3) Newspapers, publications, and radio and television stations
27that provide information in languages other than English and whose
28primary audience is residents of minority and low-income
29communities.

30(4) Publications, including electronic media, that are distributed
31to the general market and to newspapers, publications, and radio
32and television stations whose primary audience is comprised of
33minority groups or women.

34(5) Recruitment booths at job fairs or conferences oriented to
35both the general market and the economically disadvantaged as
36well as those events drawing a significant participation by
37minorities or women.

38

7401.  

(a) The Governor’s Task Force on Diversity and
39Outreach, in its August 1, 2000, report, concluded that data on
40minority business participation is not currently available, and that
P4    1lack of useful data on minority business participation in state
2contracting is an overarching issue to be addressed.

3(b) In contracting for and procuring goods, services, information
4technology, construction, architecture, and engineering consulting,
5and other consulting services, state and local departments and
6agencies are authorized to engage in focused outreach activities
7in addition to general outreach, for purposes of increasing
8participation by California’s small business sector and increasing
9 diversity in the state’s contracting and procurement activities.

10(c) Outreach activities may include, but are not limited to, the
11following:

12(1) Invitations to bid distributed by state and local departments
13and agencies to state and local small business and trade associations
14and chambers of commerce, including ethnic chambers of
15commerce, and other business and professional associations,
16including professional minority, women, and disabled
17veteran-owned businesses and professional groups and associations,
18as appropriate.

19(2) Publication of advertising concerning state and local
20contracting and procurement opportunities in trade papers and
21other publications focusing on small business enterprises, including
22publications and newspapers in languages other than English and
23those whose primary readership is minority, women, or disabled
24veteran-owned businesses.

25(3) Outreach by small business advocates in each state or local
26government department or agency to state and local small business
27and trade associations and chambers of commerce, including ethnic
28chambers of commerce, and other business and professional
29associations, including professional minority, women, and disabled
30veteran-owned businesses and professional groups and associations,
31as appropriate.

32

SEC. 3.  

Chapter 18.1 (commencing with Section 7405) is added
33to Division 7 of Title 1 of the Government Code, to read:

34 

35Chapter  18.1. Electronic and Information Technology
36

 

37

7405.  

The Legislature finds and declares that the ability to
38utilize electronic or information technology is often an essential
39function for successful employment in the current work world.

P5    1(a) In order to improve accessibility of existing technology, and
2therefore increase the successful employment of individuals with
3disabilities, particularly blind and visually impaired and deaf and
4hard-of-hearing persons, state governmental entities, in developing,
5procuring, maintaining, or using electronic or information
6technology, either indirectly or through the use of state funds by
7other entities, shall comply with the accessibility requirements of
8Section 508 of the federal Rehabilitation Act of 1973, as amended
9 (29 U.S.C. Sec. 794d), and regulations implementing that act as
10set forth in Part 1194 of Title 36 of the Federal Code of
11Regulations.

12(b) Any entity that contracts with a state or local entity subject
13to Section 11135 for the provision of electronic or information
14technology or for the provision of related services shall agree to
15respond to, and resolve any complaint regarding accessibility of,
16its products or services that is brought to the attention of the entity.

17

SEC. 4.  

Section 11135 of the Government Code is amended
18to read:

19

11135.  

(a) No person in the State of California shall, on the
20basis of sex, race, color, religion, ancestry, national origin, age,
21mental disability, physical disability, medical condition, genetic
22information, marital status, or sexual orientation, be unlawfully
23denied full and equal access to the benefits of, or be unlawfully
24subjected to discrimination under, any program or activity that is
25conducted, operated, or administered by the state or by any state
26agency, is funded directly by the state, or receives any financial
27assistance from the state. Notwithstanding Section 11000, this
28section applies to the California State University.

29(b) With respect to discrimination on the basis of disability,
30programs and activities subject to subdivision (a) shall meet the
31 protections and prohibitions contained in Section 202 of the federal
32Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
33and the federal rules and regulations adopted in implementation
34thereof, except that if the laws of this state prescribe stronger
35protections and prohibitions, the programs and activities subject
36to subdivision (a) shall be subject to the stronger protections and
37prohibitions.

38(c) The protected bases referenced in this section have the same
39meanings as those terms are defined in Section 12926.

P6    1(d) The protected bases used in this section include a perception
2that a person has any of those characteristics or that the person is
3associated with a person who has, or is perceived to have, any of
4those characteristics.

5

SEC. 5.  

Section 11136 of the Government Code is amended
6to read:

7

11136.  

Whenever a state agency that administers a program
8or activity that is funded directly by the state or receives any
9financial assistance from the state has reasonable cause to believe
10that a contractor, grantee, or local agency has violated the
11provisions of Section 11135, Part 2.8 (commencing with Section
1212900) of this code, Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of
13the Civil Code, or any regulation adopted to implement these
14sections or Article 1 (commencing with Section 12960) of Chapter
157 of this code, the head of the state agency, or his or her designee,
16shall notify the contractor, grantee, or local agency of such
17violation and shall submit a complaint detailing the alleged
18violations to the Department of Fair Employment and Housing for
19investigation and determination pursuant to Article 1 (commencing
20 with Section 12960) of Chapter 7 of this code.

21

SEC. 6.  

Section 11137 of the Government Code is amended
22to read:

23

11137.  

If it is determined that a contractor, grantee, or local
24agency has violated the provisions of this article, pursuant to the
25process described in Section 11136, the state agency that
26administers the program or activity involved shall take action to
27curtail state funding in whole or in part to such contractor, grantee,
28or local agency.

29

SEC. 7.  

Section 11138 of the Government Code is repealed.

30

SEC. 8.  

Section 11139 of the Government Code is amended
31to read:

32

11139.  

The prohibitions and sanctions imposed by this article
33are in addition to any other prohibitions and sanctions imposed by
34law.

35This article shall not be interpreted in a manner that would
36frustrate its purpose.

37This article shall not be interpreted in a manner that would
38undermine lawful programs which benefit members of the protected
39bases described in Section 11135.

P7    1This article and regulations adopted pursuant to this article may
2be enforced by a civil action for equitable relief, which shall be
3independent of any other rights and remedies.

4

SEC. 9.  

Section 11139.3 of the Government Code is repealed.

5

SEC. 10.  

Section 11139.5 of the Government Code is repealed.

6

SEC. 11.  

Section 11139.6 of the Government Code is repealed.

7

SEC. 12.  

Section 11139.7 of the Government Code is repealed.

8

SEC. 13.  

Section 12930 of the Government Code is amended
9to read:

10

12930.  

The department shall have the following functions,
11powers, and duties:

12(a) To establish and maintain a principal office and any other
13offices within the state as are necessary to carry out the purposes
14of this part.

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

16(c) To appoint attorneys, investigators, conciliators, mediators,
17and other employees as it may deem necessary, fix their
18compensation within the limitations provided by law, and prescribe
19their duties.

20(d) To obtain upon request and utilize the services of all
21governmental departments and agencies and, in addition, with
22respect to housing discrimination, of conciliation councils.

23(e) To adopt, promulgate, amend, and rescind suitable procedural
24rules and regulations to carry out the investigation, prosecution,
25and dispute resolution functions and duties of the department
26pursuant to this part.

27(f) (1) To receive, investigate, conciliate, mediate, and prosecute
28complaints alleging practices made unlawful pursuant to Chapter
296 (commencing with Section 12940).

30(2) To receive, investigate, conciliate, mediate, and prosecute
31complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1,
32or 54.2 of the Civil Code. The remedies and procedures of this
33part shall be independent of any other remedy or procedure that
34might apply.

35(3) To receive, investigate, conciliate, mediate, and prosecute
36complaints alleging practices made unlawful pursuant to Article
379.5 (commencing with Section 11135) of Chapter 1 of Part 1,
38except for complaints relating to educational equity brought under
39Chapter 2 (commencing with Section 200) of Part 1 of Division 1
40of Title 1 of the Education Code and investigated pursuant to the
P8    1procedures set forth in Subchapter 5.1 of Title 5 of the California
2Code of Regulations, and not otherwise within the jurisdiction of
3the department.

4(A) Nothing in this part prevents the director or his or her
5authorized representative, in his or her discretion, from making,
6signing, and filing a complaint pursuant to Section 12960 or 12961
7alleging practices made unlawful under Section 11135.

8(B) Remedies available to the department in conciliating,
9mediating, and prosecuting complaints alleging these practices are
10the same as those available to the department in conciliating,
11mediating, and prosecuting complaints alleging violations of Article
121 (commencing with Section 12940) of Chapter 6.

13(g) In connection with any matter under investigation or in
14question before the department pursuant to a complaint filed under
15Section 12960, 12961, or 12980:

16(1) To issue subpoenas to require the attendance and testimony
17of witnesses and the production of books, records, documents, and
18physical materials.

19(2) To administer oaths, examine witnesses under oath and take
20evidence, and take depositions and affidavits.

21(3) To issue written interrogatories.

22(4) To request the production for inspection and copying of
23books, records, documents, and physical materials.

24(5) To petition the superior courts to compel the appearance
25and testimony of witnesses, the production of books, records,
26documents, and physical materials, and the answering of
27interrogatories.

28(h) To bring civil actions pursuant to Section 12965 or 12981
29and to prosecute those civil actions before state and federal trial
30courts.

31(i) To issue those publications and those results of investigations
32and research as in its judgment will tend to promote good will and
33minimize or eliminate discrimination in employment on the bases
34enumerated in this part and discrimination in housing because of
35race, religious creed, color, sex, gender, gender identity, gender
36expression, marital status, national origin, ancestry, familial status,
37disability, genetic information, or sexual orientation.

38(j) To investigate, approve, certify, decertify, monitor, and
39enforce nondiscrimination programs proposed by a contractor to
40be engaged in pursuant to Section 12990.

P9    1(k) To render annually to the Governor and to the Legislature
2a written report of its activities and of its recommendations.

3(l) To conduct mediations at any time after a complaint is filed
4pursuant to Section 12960, 12961, or 12980. The department may
5end mediation at any time.

6(m) The following shall apply with respect to any accusation
7pending before the former Fair Employment and Housing
8Commission on or after January 1, 2013:

9(1) If an accusation issued under former Section 12965 includes
10a prayer either for damages for emotional injuries as a component
11of actual damages, or for administrative fines, or both, or if an
12accusation is amended for the purpose of adding a prayer either
13for damages for emotional injuries as a component of actual
14damages, or for administrative fines, or both, with the consent of
15the party accused of engaging in unlawful practices, the department
16may withdraw an accusation and bring a civil action in superior
17court.

18(2) If an accusation was issued under former Section 12981,
19with the consent of the aggrieved party filing the complaint an
20aggrieved person on whose behalf a complaint is filed, or the party
21accused of engaging in unlawful practices, the department may
22withdraw the accusation and bring a civil action in superior court.

23(3) Where removal to court is not feasible, the department shall
24retain the services of the Office of Administrative Hearings to
25 adjudicate the administrative action pursuant to Sections 11370.3
26and 11502.

27(n) On any Section 1094.5 Code of Civil Procedure challenge
28to a decision of the former Fair Employment and Housing
29Commission pending on or after January 1, 2013, the director or
30his or her designee shall consult with the Attorney General
31regarding the defense of that writ petition.

32

SEC. 14.  

Section 12935 of the Government Code is amended
33to read:

34

12935.  

The council shall have the following functions, powers,
35and duties:

36(a) To adopt, promulgate, amend, and rescind suitable rules,
37regulations, and standards that do either of the following:

38(1) Interpret, implement, and apply all provisions of this part,
39Article 9.5 (commencing with Section 11135) of Chapter 1 of Part
P10   11 of Division 3 of Title 2 of this code, and Sections 51, 51.5, 51.7,
254, 54.1, and 54.2 of the Civil Code.

3(A) begin insertAs of January 1, 2017, end insertChapter 1 (commencing with Section
498000), Chapter 2 (commencing with Section 98100), and Chapter
53 (commencing with Section 98200) of Division 8 of Title 22 of
6the California Code of Regulations shall be transferred from the
7portion of the California Code of Regulations that is under the
8authority of the California Health and Human Services Agency to
9the portion of the California Code of Regulations that is under the
10authority of thebegin delete departmentend deletebegin insert department, and upon transfer shall
11be deemed adopted by the councilend insert
.

12(B) The council shall, within existingbegin delete resources, adopt, amend,
13or repealend delete
begin insert resources and pursuant to Chapter 3.5 (commencing
14with Section 11340), adopt additional regulations, as necessary,
15and amend or repeal, as necessary,end insert
regulations transferred to the
16department from the California Health and Human Services Agency
17relating to Article 9.5 (commencing with Section 11135) of Chapter
181 of Part 1.

19(2) Carry out all other functions and duties of the council
20pursuant to this part.

21(b) To meet at any place within the state and function in any
22office of the department.

23(c) To create or provide technical assistance to any advisory
24agencies and conciliation councils, local or otherwise, as in its
25judgment will aid in effectuating the purposes of this part, and to
26empower them to study the problems of discrimination in all or
27specific fields of human relationships or in particular instances of
28employment discrimination on the bases enumerated in this part
29or in specific instances of housing discrimination on the bases
30enumerated in this part and to foster, through community effort or
31otherwise, good will, cooperation, and conciliation among the
32groups and elements of the population of the state and to make
33recommendations to the Fair Employment and Housing Council
34for the development of policies and procedures in general except
35for procedural rules and regulations that carry out the investigation,
36prosecution, and dispute resolution functions and duties of the
37department. These advisory agencies and conciliation councils
38shall be composed of representative citizens, serving without pay.

39(d) To hold hearings, issue publications, results of inquiries and
40research, and reports to the Governor and the Legislature that, in
P11   1its judgment, will tend to aid in effectuating the purpose of this
2part, promote good will, cooperation and conciliation, and
3minimize or eliminate unlawful discrimination, or advance civil
4rights in the State of California.

5

SEC. 15.  

Section 12957 is added to the Government Code, to
6read:

7

12957.  

(a) It is the policy of this state and the purpose of this
8section to facilitate and support the development and operation of
9housing for homeless youth.

10(b) The provision of housing for homeless youth is hereby
11authorized and shall not be considered unlawful age discrimination,
12notwithstanding any other provision of law, including, but not
13limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections
1411135, 12920, and 12955 of this code, Chapter 11.5 (commencing
15with Section 50800) of Part 2 of Division 31 of the Health and
16Safety Code, and local housing or age discrimination ordinances.

17(c) This section shall not be construed to permit discrimination
18against families with children.

19(d) This section shall occupy the field of regulation of housing
20for homeless youth by any local public entity, including, but not
21limited to, a city, county, and city and county.

22(e) For purposes of this section, the following definitions shall
23apply:

24(1) “At risk of becoming homeless” means facing eviction or
25termination of one’s current housing situation.

26(2) “Homeless youth” means either of the following:

27(A) A person who is not older than 24 years of age, and meets
28one of the following conditions:

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

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

31(iii) Has run away from home.

32(B) A person who is younger than 18 years of age, who is
33emancipated pursuant to Part 6 (commencing with Section 7000)
34of Division 11 of the Family Code, and who is homeless or at risk
35of becoming homeless.

36(3) “Housing for homeless youth” means emergency,
37transitional, or permanent housing tied to supportive services that
38assist homeless youth in stabilizing their lives and developing the
P12   1skills and resources they need to make a successful transition to
2independent, self-sufficient adulthood.



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