BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: SB 1442 Hearing Date: 4/12/2016
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|Author: |Liu |
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|Version: |2/19/2016 Introduced |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Felipe Lopez |
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SUBJECT: Discrimination: regulations and enforcement
DIGEST: This bill reorganizes and consolidates various
statutes regarding discrimination. In addition, the bill
removes the authority of various state agencies to promulgate
regulations to prohibit discrimination and would require
investigation and enforcement of antidiscrimination provisions
to be performed by the Department of Fair Employment and Housing
(DFEH).
ANALYSIS:
Existing law:
1)Prohibits discrimination in employment, housing, and
eligibility for government programs and benefits based upon
specified personal characteristics.
2)Specifies that the DFEH within the Business, Consumer
Services, and Housing Agency, is charged with enforcement of
civil rights violations, including discrimination.
3)Authorizes the DFEH, 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.
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4)Specifies that it is the policy of the State to facilitate and
support the development and operation of housing for homeless
youth.
This bill:
1)Reorganizes and consolidates various statutes regarding
discrimination.
2)Removes the authority of various state agencies to promulgate
regulations to prohibit discrimination and requires the
investigation and enforcement of antidiscrimination provisions
to be performed by the DFEH.
3)Reorganizes the regulation of housing for homeless youth under
the Fair Employment and Housing Act.
Background
Purpose of the bill. According to the author, "various
Government Code sections prohibit discrimination in state-funded
programs, however many of the forms of discrimination prohibited
by those code sections are also prohibited in various other
existing statutes. One of these sections, Government Code
Section 11135, requires the Secretary of the Health and Human
Services Agency to administer parts of the anti-discrimination
provisions and requires nearly every state department to adopt
its own regulations."
The author argues that, "the state entity with expertise in
enforcing anti-discrimination laws is the DFEH, which makes it
the most logical choice to administer Section 11135."
California Department of Fair Employment and Housing. The
California Department of Fair Employment and Housing is the
largest state civil rights agency in the country. Its mission
is to protect Californians from employment, housing and public
accommodation discrimination, and hate violence.
The DFEH was established by the Legislature in 1959 as the
Division of Fair Employment Practices and was initially part of
the Department of Industrial Relations. In 1980, the DFEH was
established as an independent department charged with enforcing
California's comprehensive employment, housing, public
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accommodations and public service non-discrimination laws, as
well as the State's bias-related hate violence law.
The DFEH's statutory mandate is to protect the people of
California from employment, housing and public accommodations
discrimination and hate violence pursuant to the California Fair
Employment and Housing Act, Unruh Civil Rights Act, Disabled
Persons Act, and Ralph Civil Rights Act. The DFEH has
jurisdiction over both private and public entities operating
within the State of California, including corporate entities,
private sector contracts granted by the State of California, and
all State departments and local governments.
The DFEH receives and investigates discrimination complaints in
its five district offices throughout California. The district
offices handle employment, housing, public accommodations, and
hate violence cases, along with a special investigations unit
which focuses on systemic discrimination cases statewide.
In addition, there are three legal offices which prosecute
cases. The DFEH routinely provides technical assistance to
employers, business establishments and housing providers
regarding their responsibilities under the law. The DFEH is
part of the Business, Consumer Services and Housing Agency and
is administered by a Director appointed by the Governor.
Prior/Related Legislation
SB 703 (Leno, Chapter 578, Statutes of 2015) added a new section
of law to the Public Contract Code that prohibits a state agency
form entering into contracts for the acquisition of goods or
services of $100,000 or more with a contractor that
discriminates between employees on the basis of gender identity
in the provision of benefits.
AB 1586 (Koretz Chapter 421, Statutes of 2005) prohibited plans
and insurers from denying an individual a plan contract or
policy, or coverage for a benefit included in the contract
policy, based on the person's sex, as defined.
AB 2208 (Kehoe, Chapter 488, Statutes of 2004) required a
health care service plan and a health insurer to provide
coverage to the registered domestic partner of an employee,
subscriber, insured, or policyholder that is equal to the
coverage it provides to the spouse of those persons.
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AB 17 (Kehoe, Chapter 752, Statutes of 2003) prohibited a state
agency from entering into a contract for the acquisition of
goods or services in the amount of $100,000 or more with a
contractor who, in the provision of benefits, discriminates
between employees with spouses and employees with domestic
partners, or discriminates between the domestic partners and
spouses of those employees, except under specified
circumstances.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: No
SUPPORT:
California Department of Fair Employment and Housing (Sponsor)
Disability Rights of California (If amended)
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: According to the DFEH, "the DFEH is the
state agency responsible for enforcing California's civil rights
laws. However, Government Code Section 11135 requires the
Secretary of the Health and Human Services Agency to administer
certain anti-discrimination provisions and requires nearly each
state department to adopt its own regulations implementing
Section 11135. This structure is inefficient because the Health
and Human Services Agency is not otherwise charged with civil
rights enforcement and because departments are required to
create duplicative regulatory schemes to interpret their Section
11135 obligations. Senate Bill 1442 creates a logical and
efficient mechanism for implementing the laws prohibiting
discrimination in state-funded programs by giving the DFEH
authority to investigate, mediate and prosecute Section 11135
complaints in the same manner it handles other discrimination
claims."
DUAL REFERRAL: Senate Judiciary Committee
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