BILL NUMBER: AB 1001	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 24, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999

INTRODUCED BY   Assembly Members Villaraigosa, Hertzberg, Keeley,
Kuehl, Migden, and Shelley
   (Principal coauthor:  Senator Vasconcellos)
   (Coauthors:  Assembly Members Aroner, Corbett, Firebaugh, Honda,
Jackson, Knox, Mazzoni, Romero, Steinberg, Strom-Martin, and Thomson)

   (Coauthors:  Senators Hayden, Solis, and Speier)

                        FEBRUARY 25, 1999

   An act to amend Sections 12920, 12921, 12926, 12930, 12931, 12935,
12940, 12944, 12955.8, and 12993 of, and to amend, repeal, and add
Section 12955 to, the Government Code, and to repeal Section 1102.1
of the Labor Code, relating to fair employment and housing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1001, Villaraigosa.  Fair employment and housing.
   (1) Under the California Fair Employment and Housing Act, it is
unlawful to engage in specified discriminatory employment practices,
including hiring, promotion, and termination on the basis of race,
religious creed, color, national origin, ancestry, physical handicap,
medical condition, marital status, sex, or age.  The act also makes
it unlawful to engage in specified discriminatory practices in
housing accommodations on the basis of race, color, religion, sex,
marital status, national origin, ancestry, familial status, or
disability.
   This bill would amend the act to include sexual orientation, as
defined, within the unlawful bases for discrimination in employment
and housing accommodations.
   (2) Under existing law codified in the Labor Code, discrimination
or different treatment in any aspect of employment or opportunity for
employment, as specified, and with certain exceptions, based on
actual or perceived sexual orientation, is prohibited.
   This bill would repeal the provision of the Labor Code that
expresses that prohibition.
   (3) This bill would incorporate additional changes in Sections
12921, 12926, 12930, 12940, and 12955 of the Government Code to be
operative if this bill and one or more of the other bills are enacted
and become effective on or before January 1, 2000, and this bill is
enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature that the purpose of
this act is to incorporate in the California Fair Employment and
Housing Act (Part 2.8 (commencing with Section 12900) of Division 3
of Title 2 of the Government Code) the prohibition against
discrimination or different treatment in any aspect of employment or
opportunity for employment based on sexual orientation, contained in
Section 1102.1 of the Labor Code, as that section read on December
31, 1999.  As was the intent of Section 1102.1 of the Labor Code, as
that section read on December 31, 1999, this act is intended to
codify the court decisions in Gay Law Students v. Pacific Telephone
and Telegraph (1979) 24 Cal.3d 458 and Soroka v. Dayton Hudson Corp.
(1991) 235 Cal.App.3d 654, prohibiting discrimination based on sexual
orientation.  Any conduct that would have been a violation of
Section 1102.1 of the Labor Code, as it read on December 1, 1999,
shall be deemed a violation of this act.  Nothing in this section is
intended to alter the definition of employer with regard to any bona
fide scouting organization covered under Section 1102.1 of the Labor
Code as it read on December 1, 1999.
  SEC. 1.5.  Section 12920 of the Government Code is amended to read:

   12920.  It is hereby declared as the public policy of this state
that it is necessary to protect and safeguard the right and
opportunity of all persons to seek, obtain, and hold employment
without discrimination or abridgment on account of race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, or sexual
orientation.
   It is recognized that the practice of denying employment
opportunity and discriminating in the terms of employment for these
reasons foments domestic strife and unrest, deprives the state of the
fullest utilization of its capacities for development and
advancement, and substantially and adversely affects the interest of
employees, employers, and the public in general.
   Further, the practice of discrimination because of race, color,
religion, sex, marital status, national origin, ancestry, familial
status, disability, or sexual orientation in housing accommodations
is declared to be against public policy.
   It is the purpose of this part to provide effective remedies that
will eliminate these discriminatory practices.
   This part shall be deemed an exercise of the police power of the
state for the protection of the welfare, health, and peace of the
people of this state.
  SEC. 2.  Section 12921 of the Government Code is amended to read:
   12921.  The opportunity to seek, obtain and hold employment
without discrimination because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, or sexual orientation is
hereby recognized as and declared to be a civil right.
  SEC. 2.5.  Section 12921 of the Government Code is amended to read:

   12921.  (a) The opportunity to seek, obtain and hold employment
without discrimination because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, or sexual orientation is
hereby recognized as and declared to be a civil right.
   (b) The opportunity to seek, obtain, and hold housing without
discrimination because of race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, disability, or any other basis prohibited by Section 51 of
the Civil Code is hereby recognized as and declared to be a civil
right.
  SEC. 3.  Section 12926 of the Government Code is amended to read:
   12926.  As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
   (a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders,
posting of notices, training of personnel, testing, expunging of
records, reporting of records, and any other similar relief that is
intended to correct unlawful practices under this part.
   (b) "Age" refers to the chronological age of any individual who
has reached his or her 40th birthday.
   (c) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or any individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
   (d) "Employer" includes any person regularly employing five or
more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil
subdivision of the state, and cities, except as follows:
   (1) "Employer" does not include a religious association or
corporation not organized for private profit.
   (2) "Employer," for purposes of provisions defining unlawful
employment practices related to mental disability, means any person
regularly employing 15 or more persons, or any person directly or
indirectly acting as an agent of such an employer, and also includes
the state and municipalities and political subdivisions of the state.

   (e) "Employment agency" includes any person undertaking for
compensation to procure employees or opportunities to work.
   (f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires.  "Essential functions" does not include the marginal
functions of the position.
   (1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
   (A) The function may be essential because the reason the position
exists is to perform that function.
   (B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
   (C) The function may be highly specialized, so that the incumbent
in the position is hired for his or her expertise or ability to
perform the particular function.
   (2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
   (A) The employer's judgment as to which functions are essential.
   (B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
   (C) The amount of time spent on the job performing the function.
   (D) The consequences of not requiring the incumbent to perform the
function.
   (E) The terms of a collective bargaining agreement.
   (F) The work experiences of past incumbents in the job.
   (G) The current work experience of incumbents in similar jobs.
   (g) "Labor organization" includes any organization that exists and
is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection.
   (h) "Medical condition" includes (1) genetic characteristics, or
(2) any health impairment related to or associated with a diagnosis
of cancer, for which a person has been rehabilitated or cured, based
on competent medical evidence.  For purposes of this section,
"genetic characteristics" means any scientifically or medically
identifiable gene or chromosome, or combination or alteration
thereof, that is known to be a cause of a disease or disorder in a
person or his or her offspring, or is determined to be associated
with a statistically increased risk of development of a disease or
disorder, or inherited characteristics that may derive from the
individual or family member, that is presently not associated with
any symptoms of any disease or disorder.
   (i) "Mental disability" includes any mental or psychological
disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
However, "mental disability" does not include conditions excluded
from the federal definition of "disability" pursuant to Section 511
of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12211).  Additionally, for purposes of this part, the unlawful use of
controlled substances or other drugs shall not be deemed, in and of
itself, to constitute a mental disability.
   (j) "On the bases enumerated in this part" means or refers to
discrimination on the basis of one or more of the following:  race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, age, or sexual orientation.
   (k) "Physical disability" includes, but is not limited to, all of
the following:
   (1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:
   (A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
   (B) Limits an individual's ability to participate in major life
activities.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Being regarded as having or having had a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment described in paragraph (1) or (2).
   (4) Being regarded as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
   It is the intent of the Legislature that the definition of
"physical disability" in this subdivision shall have the same meaning
as the term "physical handicap" formerly defined by this subdivision
and construed in American National Ins. Co. v. Fair Employment &
Housing Com.  (1982) 32 Cal.3d  603.  However, "physical disability"
does not include conditions excluded from the federal definition of
"disability" pursuant to Section 511 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12211).  Additionally, for
purposes of this part, the unlawful use of controlled substances or
other drugs shall not be deemed, in and of itself, to constitute a
physical disability.
   (l) Notwithstanding subdivisions (i) and (k), if the definition of
"disability" used in the Americans with Disabilities Act of 1990
(Public Law 101-336) would result in broader protection of the civil
rights of individuals with a mental disability or physical
disability, as defined in subdivision (i) or (k), or would include
any medical condition not included within those definitions, then
that broader protection or coverage shall be deemed incorporated by
reference into, and shall prevail over conflicting provisions of, the
definitions in subdivisions (i) and (k).
   (m) "Reasonable accommodation" may include either of the
following:
   (1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
   (2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities.
   (n) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
   (o) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth.
   (p) "Sexual orientation" means heterosexuality, homosexuality, and
bisexuality.
   (q) "Undue hardship" means an action requiring significant
difficulty or expense, when considered in light of the following
factors:  (1) the nature and cost of the accommodation needed, (2)
the overall financial resources of the facilities involved in the
provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources or
the impact otherwise of these accommodations upon the operation of
the facility, (3) the overall financial resources of the covered
entity, the overall size of the business of a covered entity with
respect to the number of employees, and the number, type, and
location of its facilities, (4) the type of operations, including the
composition, structure, and functions of the work force of the
entity, and (5) the geographic separateness, administrative, or
fiscal relationship of the facility or facilities.
  SEC. 3.5.  Section 12926 of the Government Code is amended to read:

   12926.  As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
   (a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders,
posting of notices, training of personnel, testing, expunging of
records, reporting of records, and any other similar relief that is
intended to correct unlawful practices under this part.
   (b) "Age" refers to the chronological age of any individual who
has reached his or her 40th birthday.
   (c) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or any individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
   (d) "Employer" includes any person regularly employing five or
more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil
subdivision of the state, and cities, except as follows:
   "Employer" does not include a religious association or corporation
not organized for private profit.
   (e) "Employment agency" includes any person undertaking for
compensation to procure employees or opportunities to work.
   (f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires.  "Essential functions" does not include the marginal
functions of the position.
   (1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
   (A) The function may be essential because the reason the position
exists is to perform that function.
   (B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
   (C) The function may be highly specialized, so that the incumbent
in the position is hired for his or her expertise or ability to
perform the particular function.
   (2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
   (A) The employer's judgment as to which functions are essential.
   (B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
   (C) The amount of time spent on the job performing the function.
   (D) The consequences of not requiring the incumbent to perform the
function.
   (E) The terms of a collective bargaining agreement.
   (F) The work experiences of past incumbents in the job.
   (G) The current work experience of incumbents in similar jobs.
   (g) "Labor organization" includes any organization that exists and
is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection.
   (h) "Medical condition" includes (1) genetic characteristics, or
(2) any health impairment related to or associated with a diagnosis
of cancer, for which a person has been rehabilitated or cured, based
on competent medical evidence.  For purposes of this section,
"genetic characteristics" means any scientifically or medically
identifiable gene or chromosome, or combination or alteration
thereof, that is known to be a cause of a disease or disorder in a
person or his or her offspring, or is determined to be associated
with a statistically increased risk of development of a disease or
disorder, or inherited characteristics that may derive from the
individual or family member, that is presently not associated with
any symptoms of any disease or disorder.
   (i) "Mental disability" includes any mental or psychological
disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
However, "mental disability" does not include conditions excluded
from the federal definition of "disability" pursuant to Section 511
of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12211).  Additionally, for purposes of this part, the unlawful use of
controlled substances or other drugs shall not be deemed, in and of
itself, to constitute a mental disability.
   (j) "On the bases enumerated in this part" means or refers to
discrimination on the basis of one or more of the following:  race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, age, or sexual orientation.
   (k) "Physical disability" includes, but is not limited to, all of
the following:
   (1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:
   (A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
   (B) Limits an individual's ability to participate in major life
activities.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Being regarded as having or having had a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment described in paragraph (1) or (2).
   (4) Being regarded as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
   It is the intent of the Legislature that the definition of
"physical disability" in this subdivision shall have the same meaning
as the term "physical handicap" formerly defined by this subdivision
and construed in American National Ins. Co. v. Fair Employment &
Housing Com. (1982) 32 Cal.  3d 603.  However, "physical disability"
does not include conditions excluded from the federal definition of
"disability" pursuant to Section 511 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12211).  Additionally, for
purposes of this part, the unlawful use of controlled substances or
other drugs shall not be deemed, in and of itself, to constitute a
physical disability.
   (l) Notwithstanding subdivisions (i) and (k), if the definition of
"disability" used in the Americans with Disabilities Act of 1990
(Public Law 101-336) would result in broader protection of the civil
rights of individuals with a mental disability or physical
disability, as defined in subdivision (i) or (k), or would include
any medical condition not included within those definitions, then
that broader protection or coverage shall be deemed incorporated by
reference into, and shall prevail over conflicting provisions of, the
definitions in subdivisions (i) and (k).
   (m) "Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, sex, age, or sexual orientation" includes a perception that
the person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics.
   (n) "Reasonable accommodation" may include either of the
following:
   (1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
   (2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities.
   (o) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
   (p) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth.
   (q) "Sexual orientation" means heterosexuality, homosexuality, and
bisexuality.
   (r) "Supervisor" means any individual having the authority, in the
interest of the employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other
employees, or the responsibility to direct them, or to adjust their
grievances, or effectively to recommend that action, if, in
connection with the foregoing, the exercise of that authority is not
of a merely routine or clerical nature, but requires the use of
independent judgment.
   (s) "Undue hardship" means an action requiring significant
difficulty or expense, when considered in light of the following
factors:  (1) the nature and cost of the accommodation needed, (2)
the overall financial resources of the facilities involved in the
provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources or
the impact otherwise of these accommodations upon the operation of
the facility, (3) the overall financial resources of the covered
entity, the overall size of the business of a covered entity with
respect to the number of employees, and the number, type, and
location of its facilities, (4) the type of operations, including the
composition, structure, and functions of the work force of the
entity, and (5) the geographic separateness, administrative, or
fiscal relationship of the facility or facilities.
  SEC. 3.6.  Section 12926 of the Government Code is amended to read:

   12926.  As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
   (a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders,
posting of notices, training of personnel, testing, expunging of
records, reporting of records, and any other similar relief that is
intended to correct unlawful practices under this part.
   (b) "Age" refers to the chronological age of any individual who
has reached his or her 40th birthday.
   (c) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or any individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
   (d) "Employer" includes any person regularly employing five or
more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil
subdivision of the state, and cities, except as follows:
   (1) "Employer" does not include a religious association or
corporation not organized for private profit.
   (2) "Employer," for purposes of provisions defining unlawful
employment practices related to mental disability, means any person
regularly employing 15 or more persons, or any person directly or
indirectly acting as an agent of such an employer, and also includes
the state and municipalities and political subdivisions of the state.

   (e) "Employment agency" includes any person undertaking for
compensation to procure employees or opportunities to work.
   (f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires.  "Essential functions" does not include the marginal
functions of the position.
   (1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
   (A) The function may be essential because the reason the position
exists is to perform that function.
   (B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
   (C) The function may be highly specialized, so that the incumbent
in the position is hired for his or her expertise or ability to
perform the particular function.
   (2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
   (A) The employer's judgment as to which functions are essential.
   (B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
   (C) The amount of time spent on the job performing the function.
   (D) The consequences of not requiring the incumbent to perform the
function.
   (E) The terms of a collective bargaining agreement.
   (F) The work experiences of past incumbents in the job.
   (G) The current work experience of incumbents in similar jobs.
   (g) "Labor organization" includes any organization that exists and
is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection.
   (h) "Medical condition" includes either of the following:
   (1) Any health impairment related to or associated with a
diagnosis of cancer, for which a person has been rehabilitated or
cured, based on competent medical evidence.
   (2) Genetic characteristics.  For purposes of this section,
"genetic characteristics" means either of the following:
   (A) Any scientifically or medically identifiable gene or
chromosome, or combination or alteration thereof, that is known to be
a cause of a disease or disorder in a person or his or her
offspring, or that is determined to
                 be associated with a statistically increased risk of
development of a disease or disorder, and that is presently not
associated with any symptoms of any disease or disorder.
   (B) Inherited characteristics that may derive from the individual
or family member, that are known to be a cause of a disease or
disorder in a person or his or her offspring, or that are determined
to be associated with a statistically increased risk of development
of a disease or disorder, and that are presently not associated with
any symptoms of any disease or disorder.
   (i) "Mental disability" includes any mental or psychological
disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
However, "mental disability" does not include conditions excluded
from the federal definition of "disability" pursuant to Section 511
of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12211).  Additionally, for purposes of this part, the unlawful use of
controlled substances or other drugs shall not be deemed, in and of
itself, to constitute a mental disability.
   (j) "On the bases enumerated in this part" means or refers to
discrimination on the basis of one or more of the following:  race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, age, or sexual orientation.
   (k) "Physical disability" includes, but is not limited to, all of
the following:
   (1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:
   (A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
   (B) Limits an individual's ability to participate in major life
activities.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Being regarded as having or having had a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment described in paragraph (1) or (2).
   (4) Being regarded as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
   It is the intent of the Legislature that the definition of
"physical disability" in this subdivision shall have the same meaning
as the term "physical handicap" formerly defined by this subdivision
and construed in American National Ins. Co. v. Fair Employment &
Housing Com. (1982) 32 Cal.  3d 603.  However, "physical disability"
does not include conditions excluded from the federal definition of
"disability" pursuant to Section 511 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12211).  Additionally, for
purposes of this part, the unlawful use of controlled substances or
other drugs shall not be deemed, in and of itself, to constitute a
physical disability.
   (l) Notwithstanding subdivisions (i) and (k), if the definition of
"disability" used in the Americans with Disabilities Act of 1990
(Public Law 101-336) would result in broader protection of the civil
rights of individuals with a mental disability or physical
disability, as defined in subdivision (i) or (k), or would include
any medical condition not included within those definitions, then
that broader protection or coverage shall be deemed incorporated by
reference into, and shall prevail over conflicting provisions of, the
definitions in subdivisions (i) and (k).
   (m) "Reasonable accommodation" may include either of the
following:
   (1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
   (2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities.
   (n) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
   (o) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth.
   (p) "Sexual orientation" means heterosexuality, homosexuality, and
bisexuality.
   (q) "Undue hardship" means an action requiring significant
difficulty or expense, when considered in light of the following
factors:  (1) the nature and cost of the accommodation needed, (2)
the overall financial resources of the facilities involved in the
provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources or
the impact otherwise of these accommodations upon the operation of
the facility, (3) the overall financial resources of the covered
entity, the overall size of the business of a covered entity with
respect to the number of employees, and the number, type, and
location of its facilities, (4) the type of operations, including the
composition, structure, and functions of the work force of the
entity, and (5) the geographic separateness, administrative, or
fiscal relationship of the facility or facilities.
  SEC. 3.7.  Section 12926 of the Government Code is amended to read:

   12926.  As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
   (a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders,
posting of notices, training of personnel, testing, expunging of
records, reporting of records, and any other similar relief that is
intended to correct unlawful practices under this part.
   (b) "Age" refers to the chronological age of any individual who
has reached his or her 40th birthday.
   (c) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or any individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
   (d) "Employer" includes any person regularly employing five or
more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil
subdivision of the state, and cities, except as follows:
   "Employer" does not include a religious association or corporation
not organized for private profit.
   (e) "Employment agency" includes any person undertaking for
compensation to procure employees or opportunities to work.
   (f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires.  "Essential functions" does not include the marginal
functions of the position.
   (1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
   (A) The function may be essential because the reason the position
exists is to perform that function.
   (B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
   (C) The function may be highly specialized, so that the incumbent
in the position is hired for his or her expertise or ability to
perform the particular function.
   (2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
   (A) The employer's judgment as to which functions are essential.
   (B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
   (C) The amount of time spent on the job performing the function.
   (D) The consequences of not requiring the incumbent to perform the
function.
   (E) The terms of a collective bargaining agreement.
   (F) The work experiences of past incumbents in the job.
   (G) The current work experience of incumbents in similar jobs.
   (g) "Labor organization" includes any organization that exists and
is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection.
   (h) "Medical condition" includes either of the following:
   (1) Any health impairment related to or associated with a
diagnosis of cancer, for which a person has been rehabilitated or
cured, based on competent medical evidence.
   (2) Genetic characteristics.  For purposes of this section,
"genetic characteristics" means either of the following:
   (A) Any scientifically or medically identifiable gene or
chromosome, or combination or alteration thereof, that is known to be
a cause of a disease or disorder in a person or his or her
offspring, or that is determined to be associated with a
statistically increased risk of development of a disease or disorder,
and that is presently not associated with any symptoms of any
disease or disorder.
   (B) Inherited characteristics that may derive from the individual
or family member, that are known to be a cause of a disease or
disorder in a person or his or her offspring, or that are determined
to be associated with a statistically increased risk of development
of a disease or disorder, and that are presently not associated with
any symptoms of any disease or disorder.
   (i) "Mental disability" includes any mental or psychological
disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
However, "mental disability" does not include conditions excluded
from the federal definition of "disability" pursuant to Section 511
of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12211).  Additionally, for purposes of this part, the unlawful use of
controlled substances or other drugs shall not be deemed, in and of
itself, to constitute a mental disability.
   (j) "On the bases enumerated in this part" means or refers to
discrimination on the basis of one or more of the following:  race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, age, or sexual orientation.
   (k) "Physical disability" includes, but is not limited to, all of
the following:
   (1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:
   (A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
   (B) Limits an individual's ability to participate in major life
activities.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Being regarded as having or having had a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment described in paragraph (1) or (2).
   (4) Being regarded as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
   It is the intent of the Legislature that the definition of
"physical disability" in this subdivision shall have the same meaning
as the term "physical handicap" formerly defined by this subdivision
and construed in American National Ins. Co. v. Fair Employment &
Housing Com. (1982) 32 Cal.  3d 603.  However, "physical disability"
does not include conditions excluded from the federal definition of
"disability" pursuant to Section 511 of the Americans with
Disabilities Act of 1990 (42 U.S.C., Sec. 12211).  Additionally, for
purposes of this part, the unlawful use of controlled substances or
other drugs shall not be deemed, in and of itself, to constitute a
physical disability.
   (l) Notwithstanding subdivisions (i) and (k), if the definition of
"disability" used in the Americans with Disabilities Act of 1990
(Public Law 101-336) would result in broader protection of the civil
rights of individuals with a mental disability or physical
disability, as defined in subdivision (i) or (k), or would include
any medical condition not included within those definitions, then
that broader protection or coverage shall be deemed incorporated by
reference into, and shall prevail over conflicting provisions of, the
definitions in subdivisions (i) and (k).
   (m) "Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, sex, age, or sexual orientation" includes a perception that
the person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics.
   (n) "Reasonable accommodation" may include either of the
following:
   (1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
   (2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities.
   (o) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
   (p) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth.
   (q) "Sexual orientation" means heterosexuality, homosexuality, and
bisexuality.
   (r) "Supervisor" means any individual having the authority, in the
interest of the employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other
employees, or the responsibility to direct them, or to adjust their
grievances, or effectively to recommend that action, if, in
connection with the foregoing, the exercise of that authority is not
of a merely routine or clerical nature, but requires the use of
independent judgment.
   (s) "Undue hardship" means an action requiring significant
difficulty or expense, when considered in light of the following
factors:  (1) the nature and cost of the accommodation needed, (2)
the overall financial resources of the facilities involved in the
provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources or
the impact otherwise of these accommodations upon the operation of
the facility, (3) the overall financial resources of the covered
entity, the overall size of the business of a covered entity with
respect to the number of employees, and the number, type, and
location of its facilities, (4) the type of operations, including the
composition, structure, and functions of the work force of the
entity, and (5) the geographic separateness, administrative, or
fiscal relationship of the facility or facilities.
  SEC. 4.  Section 12930 of the Government Code is amended to read:
   12930.  The department shall have the following functions, powers,
and duties:
   (a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.
   (b) To meet and function at any place within the state.
   (c) To appoint attorneys, investigators, conciliators, and other
employees as it may deem necessary, fix their compensation within the
limitations provided by law, and prescribe their duties.
   (d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with respect
to housing discrimination, of conciliation councils.
   (e) To adopt, promulgate, amend, and rescind suitable rules and
regulations to carry out the functions and duties of the department
pursuant to this part.
   (f) (1) To receive, investigate, and conciliate complaints
alleging practices made unlawful pursuant to Chapter 6 (commencing
with Section 12940).
   (2) To receive, investigate, and conciliate complaints alleging a
violation of Section 51 or 51.7 of the Civil Code.  The remedies and
procedures of this part shall be independent of any other remedy or
procedure that might apply.
   (g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:
   (1) To issue subpoenas to require the attendance and testimony of
witnesses and the production of books, records, documents, and
physical materials.
   (2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.
   (3) To issue written interrogatories.
   (4) To request the production for inspection and copying of books,
records, documents, and physical materials.
   (5) To petition the superior courts to compel the appearance and
testimony of witnesses, the production of books, records, documents,
and physical materials, and the answering of interrogatories.
   (h) To issue accusations pursuant to Section 12965 or 12981 and to
prosecute those accusations before the commission.
   (i) To issue those publications and those results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination in employment on
the bases enumerated in this part and discrimination in housing
because of race, religious creed, color, sex, marital status,
national origin, ancestry, familial status, disability, or sexual
orientation.
   (j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to be
engaged in pursuant to Section 12990.
   (k) To render annually to the Governor and to the Legislature a
written report of its activities and of its recommendations.
  SEC. 4.5.  Section 12930 of the Government Code is amended to read:

   12930.  The department shall have the following functions, powers,
and duties:
   (a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.
   (b) To meet and function at any place within the state.
   (c) To appoint attorneys, investigators, conciliators, and other
employees as it may deem necessary, fix their compensation within the
limitations provided by law, and prescribe their duties.
   (d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with respect
to housing discrimination, of conciliation councils.
   (e) To adopt, promulgate, amend, and rescind suitable rules and
regulations to carry out the functions and duties of the department
pursuant to this part.
   (f) (1) To receive, investigate, and conciliate complaints
alleging practices made unlawful pursuant to Chapter 6 (commencing
with Section 12940).
   (2) To receive, investigate, and conciliate complaints alleging a
violation of Section 51 , 51.5, 51.7, 54, 54.1, or 54.2 of the Civil
Code.  The remedies and procedures of this part shall be independent
of any other remedy or procedure that might apply.
   (g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:
   (1) To issue subpoenas to require the attendance and testimony of
witnesses and the production of books, records, documents, and
physical materials.
   (2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.
   (3) To issue written interrogatories.
   (4) To request the production for inspection and copying of books,
records, documents, and physical materials.
   (5) To petition the superior courts to compel the appearance and
testimony of witnesses, the production of books, records, documents,
and physical materials, and the answering of interrogatories.
   (h) To issue accusations pursuant to Section 12965 or 12981 and to
prosecute those accusations before the commission.
   (i) To issue those publications and those results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination in employment on
the bases enumerated in this part and discrimination in housing
because of race, religious creed, color, sex, marital status,
national origin, ancestry, familial status, disability, or sexual
orientation.
   (j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to be
engaged in pursuant to Section 12990.
   (k) To render annually to the Governor and to the Legislature a
written report of its activities and of its recommendations.
  SEC. 5.  Section 12931 of the Government Code is amended to read:
   12931.  The department may also provide assistance to communities
and persons therein in resolving disputes, disagreements, or
difficulties relating to discriminatory practices based on race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, familial status, age, or sexual orientation that impair the
rights of persons in those communities under the Constitution or laws
of the United States or of this state.  The services of the
department may be made available in cases of these disputes,
disagreements, or difficulties only when, in its judgment, peaceful
relations among the citizens of the community involved are threatened
thereby.  The department's services are to be made available only
upon the request of an appropriate state or local public body, or
upon the request of any person directly affected by any such dispute,
disagreement, or difficulty.
   The assistance of the department pursuant to this section shall be
limited to endeavors at investigation, conference, conciliation, and
persuasion.
  SEC. 6.  Section 12935 of the Government Code is amended to read:
   12935.  The commission shall have the following functions, powers,
and duties:
   (a) To adopt, promulgate, amend, and rescind suitable rules,
regulations, and standards (1) to interpret, implement, and apply all
provisions of this part, (2) to regulate the conduct of hearings
held pursuant to Sections 12967 and 12980, and (3) to carry out all
other functions and duties of the commission pursuant to this part.
   (b) To conduct hearings pursuant to Sections 12967 and 12981.
   (c) To establish and maintain a principal office within the state.

   (d) To meet and function at any place within the state.
   (e) To appoint an executive secretary, and any attorneys and other
employees as it may deem necessary, fix their compensation within
the limitations provided by law, and prescribe their duties.
   (f) To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, examine any person under oath and, in connection
therewith, to require the production of any books or papers relating
to any matter under investigation or in question before the
commission.
   (g) To create or provide financial or technical assistance to any
advisory agencies and conciliation councils, local or otherwise, as
in its judgment will aid in effectuating the purposes of this part,
and to empower them to study the problems of discrimination in all or
specific fields of human relationships or in particular instances of
employment discrimination on the bases enumerated in this part or in
specific instances of housing discrimination because of race,
religious creed, color, national origin, ancestry, familial status,
disability, marital status, sex, or sexual orientation and to foster,
through community effort or otherwise, good will, cooperation, and
conciliation among the groups and elements of the population of the
state and to make recommendations to the commission for the
development of policies and procedures in general.  These advisory
agencies and conciliation councils shall be composed of
representative citizens, serving without pay.
   (h) With respect to findings and orders made pursuant to this
part, to establish a system of published opinions that shall serve as
precedent in interpreting and applying the provisions of this part.
Commission findings, orders, and opinions in an adjudicative
proceeding are subject to Section 11425.60.
   (i) To issue publications and results of inquiries and research
that in its judgment will tend to promote good will and minimize or
eliminate unlawful discrimination.  These publications shall include
an annual report to the Governor and the Legislature of its
activities and recommendations.
   (j) Notwithstanding Sections 11370.3 and 11502, to appoint hearing
officers, as it may deem necessary, to conduct hearings.  Each
hearing officer shall possess the qualifications established by the
State Personnel Board for the particular class of position involved.

  SEC. 7.  Section 12940 of the Government Code is amended to read:
   12940.  It shall be an unlawful employment practice, unless based
upon a bona fide occupational qualification, or, except where based
upon applicable security regulations established by the United States
or the State of California:
   (a) For an employer, because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, or sexual orientation of any
person, to refuse to hire or employ the person or to refuse to select
the person for a training program leading to employment, or to bar
or to discharge the person from employment or from a training program
leading to employment, or to discriminate against the person in
compensation or in terms, conditions, or privileges of employment.
   (1) Nothing in this part shall prohibit an employer from refusing
to hire or discharging an employee with a physical or mental
disability, or subject an employer to any legal liability resulting
from the                                                 refusal to
employ or the discharge of an employee with a physical or mental
disability, where the employee, because of his or her physical or
mental disability, is unable to perform his or her essential duties
even with reasonable accommodations, or cannot perform those duties
in a manner that would not endanger his or her health or safety or
the health and safety of others even with reasonable accommodations.

   (2) Nothing in this part shall prohibit an employer from refusing
to hire or discharging an employee who, because of the employee's
medical condition, is unable to perform his or her essential duties
even with reasonable accommodations, or cannot perform those duties
in a manner that would not endanger the employee's health or safety
or the health or safety of others even with reasonable
accommodations.  Nothing in this part shall subject an employer to
any legal liability resulting from the refusal to employ or the
discharge of an employee who, because of the employee's medical
condition, is unable to perform his or her essential duties, or
cannot perform those duties in a manner that would not endanger the
employee's health or safety or the health or safety of others even
with reasonable accommodations.
   (3) Nothing in this part relating to discrimination on account of
marital status shall do either of the following:
   (A) Affect the right of an employer to reasonably regulate, for
reasons of supervision, safety, security, or morale, the working of
spouses in the same department, division, or facility, consistent
with the rules and regulations adopted by the commission.
   (B) Prohibit bona fide health plans from providing additional or
greater benefits to employees with dependents than to those employees
without or with fewer dependents.
   (4) Nothing in this part relating to discrimination on account of
sex shall affect the right of an employer to use veteran status as a
factor in employee selection or to give special consideration to
Vietnam era veterans.
   (b) For a labor organization, because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, or sexual
orientation of any person, to exclude, expel or restrict from its
membership the person, or to provide only second-class or segregated
membership or to discriminate against any person because of the race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, or sexual orientation of the person in the election of officers
of the labor organization or in the selection of the labor
organization's staff or to discriminate in any way against any of its
members or against any employer or against any person employed by an
employer.
   (c) For any person to discriminate against any person in the
selection or training of that person in any apprenticeship training
program or any other training program leading to employment because
of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, sex, or sexual orientation of the person discriminated
against.
   (d) For any employer or employment agency, unless specifically
acting in accordance with federal equal employment opportunity
guidelines and regulations approved by the commission, to print or
circulate or cause to be printed or circulated any publication, or to
make any non-job-related inquiry, either verbal or through use of an
application form, that expresses, directly or indirectly, any
limitation, specification, or discrimination as to race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, or sexual
orientation, or any intent to make any such limitation,
specification, or discrimination.  Except as provided in the
Americans with Disabilities Act of 1990 (Public Law 101-336) and the
regulations adopted pursuant thereto, nothing in this subdivision
shall prohibit any employer from making, in connection with
prospective employment, an inquiry as to, or a request for
information regarding, the physical fitness, medical condition,
physical condition, or medical history of applicants if that inquiry
or request for information is directly related and pertinent to the
position the applicant is applying for or directly related to a
determination of whether the applicant would endanger his or her
health or safety or the health or safety of others.
   (e) For any employer, labor organization, or employment agency to
harass, discharge, expel, or otherwise discriminate against any
person because the person has made a report pursuant to Section
11161.8 of the Penal Code that prohibits retaliation against hospital
employees who report suspected patient abuse by health facilities or
community care facilities.
   (f) For any employer, labor organization, employment agency, or
person to discharge, expel, or otherwise discriminate against any
person because the person has opposed any practices forbidden under
this part or because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts forbidden under this part, or to attempt to
do so.
   (h) (1) For an employer, labor organization, employment agency,
apprenticeship training program or any training program leading to
employment, or any other person, because of race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, or sexual
orientation, to harass an employee or applicant.  Harassment of an
employee or applicant by an employee other than an agent or
supervisor shall be unlawful if the entity, or its agents or
supervisors, knows or should have known of this conduct and fails to
take immediate and appropriate corrective action.  An entity shall
take all reasonable steps to prevent harassment from occurring.  Loss
of tangible job benefits shall not be necessary in order to
establish harassment.
   (2) The provisions of this subdivision are declaratory of existing
law, except for the new duties imposed on employers with regard to
harassment.
   (3) (A) For purposes of this subdivision only, "employer" means
any person regularly employing one or more persons, or any person
acting as an agent of an employer, directly or indirectly, the state,
or any political or civil subdivision of the state, and cities.
   (B) Notwithstanding subparagraph (A), for purposes of this
subdivision, "employer" does not include a religious association or
corporation not organized for private profit.
   (C) For purposes of this subdivision, "harassment" because of sex
includes sexual harassment, gender harassment, and harassment based
on pregnancy, childbirth, or related medical conditions.
   (4) For other types of discrimination as enumerated in subdivision
(a), an employer remains as defined in subdivision (d) of Section
12926.
   (5) Nothing contained in this subdivision shall be construed to
apply the definition of employer found in this subdivision to
subdivision (a).
   (i) For an employer, labor organization, employment agency,
apprenticeship training program, or any training program leading to
employment, to fail to take all reasonable steps necessary to prevent
discrimination and harassment from occurring.
   (j) For an employer or other entity covered by this part to refuse
to hire or employ a person or to refuse to select a person for a
training program leading to employment or to bar or to discharge a
person from employment or from a training program leading to
employment, or to discriminate against a person in compensation or in
terms, conditions, or privileges of employment because of a conflict
between the person's religious belief or observance and any
employment requirement, unless the employer or other entity covered
by this part demonstrates that it has explored any available
reasonable alternative means of accommodating the religious belief or
observance, including the possibilities of excusing the person from
those duties that conflict with his or her religious belief or
observance or permitting those duties to be performed at another time
or by another person, but is unable to reasonably accommodate the
religious belief or observance without undue hardship on the conduct
of the business of the employer or other entity covered by this part.
  Religious belief or observance, as used in this section, includes,
but is not limited to, observance of a Sabbath or other religious
holy day or days, and reasonable time necessary for travel prior and
subsequent to a religious observance.
   (k) For an employer or other entity covered by this part to fail
to make reasonable accommodation for the known physical or mental
disability of an applicant or employee.  Nothing in this subdivision
or in paragraph (1) or (2) of subdivision (a) shall be construed to
require an accommodation that is demonstrated by the employer or
other covered entity to produce undue hardship to its operation.
   (l) Initial application of this section to discrimination by
employers on the basis of mental disability shall be in accordance
with the following schedule:
   (1) Commencing January 1, 1993, for employers with 25 or more
employees, the state, and its municipalities and political
subdivisions.
   (2) Commencing July 26, 1994, for all other employers specified in
paragraph (2) of the subdivision of Section 12926 that defines
"employer."
  SEC. 7.5.  Section 12940 of the Government Code is amended to read:

   12940.  It shall be an unlawful employment practice, unless based
upon a bona fide occupational qualification, or, except where based
upon applicable security regulations established by the United States
or the State of California:
   (a) For an employer, because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, or sexual orientation of any
person, to refuse to hire or employ the person or to refuse to select
the person for a training program leading to employment, or to bar
or to discharge the person from employment or from a training program
leading to employment, or to discriminate against the person in
compensation or in terms, conditions, or privileges of employment.
   (1) This part does not prohibit an employer from refusing to hire
or discharging an employee with a physical or mental disability, or
subject an employer to any legal liability resulting from the refusal
to employ or the discharge of an employee with a physical or mental
disability, where the employee, because of his or her physical or
mental disability, is unable to perform his or her essential duties
even with reasonable accommodations, or cannot perform those duties
in a manner that would not endanger his or her health or safety or
the health or safety of others even with reasonable accommodations.
   (2) This part does not prohibit an employer from refusing to hire
or discharging an employee who, because of the employee's medical
condition, is unable to perform his or her essential duties even with
reasonable accommodations, or cannot perform those duties in a
manner that would not endanger the employee's health or safety or the
health or safety of others even with reasonable accommodations.
Nothing in this part shall subject an employer to any legal liability
resulting from the refusal to employ or the discharge of an employee
who, because of the employee's medical condition, is unable to
perform his or her essential duties, or cannot perform those duties
in a manner that would not endanger the employee's health or safety
or the health or safety of others even with reasonable
accommodations.
   (3) Nothing in this part relating to discrimination on account of
marital status shall do either of the following:
   (A) Affect the right of an employer to reasonably regulate, for
reasons of supervision, safety, security, or morale, the working of
spouses in the same department, division, or facility, consistent
with the rules and regulations adopted by the commission.
   (B) Prohibit bona fide health plans from providing additional or
greater benefits to employees with dependents than to those employees
without or with fewer dependents.
   (4) Nothing in this part relating to discrimination on account of
sex shall affect the right of an employer to use veteran status as a
factor in employee selection or to give special consideration to
Vietnam-era veterans.
   (b) For a labor organization, because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, or sexual
orientation of any person, to exclude, expel or restrict from its
membership the person, or to provide only second-class or segregated
membership or to discriminate against any person because of the race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, or sexual orientation of the person in the election of officers
of the labor organization or in the selection of the labor
organization's staff or to discriminate in any way against any of its
members or against any employer or against any person employed by an
employer.
   (c) For any person to discriminate against any person in the
selection or training of that person in any apprenticeship training
program or any other training program leading to employment because
of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, sex, or sexual orientation of the person discriminated
against.
   (d) For any employer or employment agency, unless specifically
acting in accordance with federal equal employment opportunity
guidelines and regulations approved by the commission, to print or
circulate or cause to be printed or circulated any publication, or to
make any non-job-related inquiry of an employee or applicant, either
verbal or through use of an application form, that expresses,
directly or indirectly, any limitation, specification, or
discrimination as to race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition,
marital status, sex, or sexual orientation, or any intent to make any
such limitation, specification or discrimination.  Except as
provided in the Americans with Disabilities Act of 1990 (Public Law
101-336) and the regulations adopted pursuant thereto, nothing in
this subdivision shall prohibit any employer from making, in
connection with prospective employment, an inquiry as to, or a
request for information regarding, the physical fitness, medical
condition, physical condition, or medical history of applicants if
that inquiry or request for information is directly related and
pertinent to the position the applicant is applying for or directly
related to a determination of whether the applicant would endanger
his or her health or safety or the health or safety of others.
   (e) For any employer, labor organization, or employment agency to
harass, discharge, expel, or otherwise discriminate against any
person because the person has made a report pursuant to Section
11161.8 of the Penal Code that prohibits retaliation against hospital
employees who report suspected patient abuse by health facilities or
community care facilities.
   (f) For any employer, labor organization, employment agency, or
person to discharge, expel, or otherwise discriminate against any
person because the person has opposed any practices forbidden under
this part or because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts forbidden under this part, or to attempt to
do so.
   (h) (1) For an employer, labor organization, employment agency,
apprenticeship training program or any training program leading to
employment, or any other person, because of race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, or sexual
orientation, to harass an employee , an applicant, or a person
providing services pursuant to a contract.  Harassment of an employee
, an applicant, or a person providing services pursuant to a
contract by an employee other than an agent or supervisor shall be
unlawful if the entity, or its agents or supervisors, knows or should
have known of this conduct and fails to take immediate and
appropriate corrective action.  An entity shall take all reasonable
steps to prevent harassment from occurring.  Loss of tangible job
benefits shall not be necessary in order to establish harassment.
   (2) The provisions of this subdivision are declaratory of existing
law, except for the new duties imposed on employers with regard to
harassment.
   (3) (A) For purposes of this subdivision only, "employer" means
any person regularly employing one or more persons or regularly
receiving the services of one or more persons providing services
pursuant to a contract, or any person acting as an agent of an
employer, directly or indirectly, the state, or any political or
civil subdivision of the state, and cities.  The definition of
"employer" in subdivision (d) of Section 12926 applies to all
provisions of this section other than this subdivision.
   (B) Notwithstanding subparagraph (A), for purposes of this
subdivision, "employer" does not include a religious association or
corporation not organized for private profit.
   (C) For purposes of this subdivision, "harassment" because of sex
includes sexual harassment, gender harassment, and harassment based
on pregnancy, childbirth, or related medical conditions.
   (4) For purposes of this subdivision, "a person providing services
pursuant to a contract" means a person who meets all of the
following criteria:
   (A) The person has the right to control the performance of the
contract for services and discretion as to the manner of performance.

   (B) The person is customarily engaged in an independently
established business.
   (C) The person has control over the time and place the work is
performed, supplies the tools and instruments used in the work, and
performs work that requires a particular skill not ordinarily used in
the course of the employer's work.
   (i) For an employer, labor organization, employment agency,
apprenticeship training program, or any training program leading to
employment, to fail to take all reasonable steps necessary to prevent
discrimination and harassment from occurring.
   (j) For an employer or other entity covered by this part to refuse
to hire or employ a person or to refuse to select a person for a
training program leading to employment or to bar or to discharge a
person from employment or from a training program leading to
employment, or to discriminate against a person in compensation or in
terms, conditions, or privileges of employment because of a conflict
between the person's  religious belief or observance and any
employment requirement, unless the employer or other entity covered
by this part demonstrates that it has explored any available
reasonable alternative means of accommodating the religious belief or
observance, including the possibilities of excusing the person from
those duties that conflict with his or her religious belief or
observance or permitting those duties to be performed at another time
or by another person, but is unable to reasonably accommodate the
religious belief or observance without undue hardship on the conduct
of the business of the employer or other entity covered by this part.
  Religious belief or observance, as used in this section, includes,
but is not limited to, observance of a Sabbath or other religious
holy day or days, and reasonable time necessary for travel prior and
subsequent to a religious observance.
   (k) For an employer or other entity covered by this part to fail
to make reasonable accommodation for the known physical or mental
disability of an applicant or employee.  Nothing in this subdivision
or in paragraph (1) or (2) of subdivision (a) shall be construed to
require an accommodation that is demonstrated by the employer or
other covered entity to produce undue hardship to its operation.
   (l)  For an employer or other entity covered by this part, to
subject, directly or indirectly, any employee, applicant, or other
person to a test for the presence of a genetic characteristic.
  SEC. 8.  Section 12944 of the Government Code is amended to read:
   12944.  (a) It shall be unlawful for a licensing board to require
any examination or establish any other qualification for licensing
that has an adverse impact on any class by virtue of its race, creed,
color, national origin or ancestry, sex, age, medical condition,
physical disability, mental disability, or sexual orientation, unless
the practice can be demonstrated to be job related.
   Where the commission, after hearing, determines that an
examination is unlawful under this subdivision, the licensing board
may continue to use and rely on the examination until such time as
judicial review by the superior court of the determination is
exhausted.
   If an examination or other qualification for licensing is
determined to be unlawful under this section, that determination
shall not void, limit, repeal, or otherwise affect any right,
privilege, status, or responsibility previously conferred upon any
person by the examination or by a license issued in reliance on the
examination or qualification.
   (b) It shall be unlawful for a licensing board to fail or refuse
to make reasonable accommodation to an individual's mental or
physical disability or medical condition.
   (c) It shall be unlawful for any licensing board, unless
specifically acting in accordance with federal equal employment
opportunity guidelines or regulations approved by the commission, to
print or circulate or cause to be printed or circulated any
publication, or to make any non-job-related inquiry, either verbal or
through use of an application form, which expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, sex, age, or sexual
orientation or any intent to make any such limitation,
specification, or discrimination.  Nothing in this subdivision shall
prohibit any licensing board from making, in connection with
prospective licensure or certification, an inquiry as to, or a
request for information regarding, the physical fitness of applicants
if that inquiry or request for information is directly related and
pertinent to the license or the licensed position the applicant is
applying for.  Nothing in this subdivision shall prohibit any
licensing board, in connection with prospective examinations,
licensure, or certification, from inviting individuals with physical
or mental disabilities to request reasonable accommodations or from
making inquiries related to reasonable accommodations.
   (d) It is unlawful for a licensing board to discriminate against
any person because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (e) It is unlawful for any licensing board to fail to keep records
of applications for licensing or certification for a period of two
years following the date of receipt of the applications.
   (f) As used in this section, "licensing board" means any state
board, agency, or authority in the State and Consumer Services Agency
that has the authority to grant licenses or certificates which are
prerequisites to employment eligibility or professional status.
  SEC. 9.  Section 12955 of the Government Code is amended to read:
   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability or an
intention to make any such preference, limitation, or discrimination.

   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, or on any other basis
prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
                       (h) For any person, for profit, to induce any
person to sell or rent any dwelling by representations regarding the
entry or prospective entry into the neighborhood of a person or
persons of a particular race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry,
familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, or ancestry.  Discrimination includes, but is not
limited to, restrictive covenants, zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning
Law (Title 7 (commencing with Section 65000)), that make housing
opportunities unavailable.
  SEC. 9.1.  Section 12955 of the Government Code is amended to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, sexual orientation, marital status, national origin, ancestry,
familial status, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability or an
intention to make any such preference, limitation, or discrimination.

   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, or on any other basis
prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry,
familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, or ancestry.  Discrimination includes, but is not
limited to, restrictive covenants, zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning
Law (Title 7 (commencing with Section 65000)), that make housing
opportunities unavailable.
   (m) As used in this section, "race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, or disability" includes a perception that the person has any
of those characteristics or that the person is associated with a
person who has, or is perceived to have, any of those
characteristics.
  SEC. 9.2.  Section 12955 of the Government Code is amended to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, source of income, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, or
disability or an intention to make any such preference, limitation,
or discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, source of income, or on
any other basis prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, or
disability in the terms, conditions, or privileges relating to the
obtaining or use of that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, source of income, familial status, or
national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry, source
of income, familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
source of income, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, source of income, disability, or
national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, source of income, or ancestry.  Discrimination
includes, but is not limited to, restrictive covenants, zoning laws,
denials of use permits, and other actions authorized under the
Planning and Zoning Law (Title 7 (commencing with Section 65000)),
that make housing opportunities unavailable.
   (m) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
   (n) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
   (o) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant.
   (2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.
   (p) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 9.3.  Section 12955 of the Government Code is amended to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability or an
intention to make any such preference, limitation, or discrimination.

   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, or on any other basis
prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry,
familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, or ancestry.  Discrimination includes, but is not
limited to, restrictive covenants, zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning
Law (Title 7 (commencing with Section 65000)), that make housing
opportunities unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
  SEC. 9.4.  Section 12955 of the Government Code is amended to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, sexual orientation, marital status, national origin, ancestry,
familial status, source of income, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, or
disability or an intention to make any such preference, limitation,
or discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, source of income, or on
any other basis prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, or
disability in the terms, conditions, or privileges relating to the
obtaining or use of that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, source of income, familial status, or
national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry, source
of income, familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
source of income, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, source of income, disability, or
national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, source of income, or ancestry.  Discrimination
includes, but is not limited to, restrictive covenants, zoning laws,
denials of use permits, and other actions authorized under the
Planning and Zoning Law (Title 7 (commencing with Section 65000)),
that make housing opportunities unavailable.
   (m) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
   (n) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
   (o) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant.
   (2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.
   (p) As used in this section, "race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, source of income, or disability" includes a perception that
the person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics.
   (q) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 9.5.  Section 12955 of the Government Code is amended to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, sexual orientation, marital status, national origin, ancestry,
familial status, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability or an
intention to make any such preference, limitation, or discrimination.

   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, or on any other basis
prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry,
familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, or ancestry.  Discrimination includes, but is not
                                        limited to, restrictive
covenants, zoning laws, denials of use permits, and other actions
authorized under the Planning and Zoning Law (Title 7 (commencing
with Section 65000)), that make housing opportunities unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
   (m) As used in this section, "race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, or disability" includes a perception that the person has any
of those characteristics or that the person is associated with a
person who has, or is perceived to have, any of those
characteristics.
  SEC. 9.6.  Section 12955 of the Government Code is amended to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, source of income, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, or
disability or an intention to make any such preference, limitation,
or discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, source of income, or on
any other basis prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, or
disability in the terms, conditions, or privileges relating to the
obtaining or use of that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, source of income, familial status, or
national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry, source
of income, familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
source of income, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, source of income, disability, or
national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, source of income, or ancestry.  Discrimination
includes, but is not limited to, restrictive covenants, zoning laws,
denials of use permits, and other actions authorized under the
Planning and Zoning Law (Title 7 (commencing with Section 65000)),
that make housing opportunities unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
   (m) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
   (n) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
   (o) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant.
   (2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.
   (p) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 9.7.  Section 12955 of the Government Code is amended to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, sexual orientation, marital status, national origin, ancestry,
familial status, source of income, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, or
disability or an intention to make any such preference, limitation,
or discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, source of income, or on
any other basis prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, or
disability in the terms, conditions, or privileges relating to the
obtaining or use of that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, source of income, familial status, or
national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry, source
of income, familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
source of income, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, source of income, disability, or
national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, source of income, or ancestry.  Discrimination
includes, but is not limited to, restrictive covenants, zoning laws,
denials of use permits, and other actions authorized under the
Planning and Zoning Law (Title 7 (commencing with Section 65000)),
that make housing opportunities unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
   (m) As used in this section, "race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, source of income, or disability" includes a perception that
the person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics.
   (n) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
   (o) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
   (p) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant.
   (2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.
   (q) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 9.8.  Section 12955 is added to the Government Code, to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability or an
intention to make any such preference, limitation, or discrimination.

   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, or on any other basis
prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry,
familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, or ancestry.  Discrimination includes, but is not
limited to, restrictive covenants, zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning
Law (Title 7 (commencing with Section 65000)), that make housing
opportunities unavailable.
   (m) This section shall become operative on January 1, 2005.
  SEC. 9.81.  Section 12955 is added to the Government Code, to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, sexual orientation, marital status, national origin, ancestry,
familial status, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability or an
intention to make any such preference, limitation, or discrimination.

   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, or on any other basis
prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry,
familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, or ancestry.  Discrimination includes, but is not
limited to, restrictive covenants, zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning
Law (Title 7 (commencing with Section 65000)), that make housing
opportunities unavailable.
   (m) As used in this section, "race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, or disability" includes a perception that the person has any
of those characteristics or that the person is associated with a
person who has, or is perceived to have, any of those
characteristics.
   (n) This section shall become operative on January 1, 2005.
  SEC. 9.82.  Section 12955 is added to the Government Code, to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against any person because of the race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability or an
intention to make any such preference, limitation, or discrimination.

   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, or on any other basis
prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry,
familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, or ancestry.  Discrimination includes, but is not
limited to, restrictive covenants, zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning
Law (Title 7 (commencing with Section 65000)), that make housing
opportunities unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January
                1, 2001.
   (m) This section shall become operative on January 1, 2005.
  SEC. 9.83.  Section 12955 is added to the Government Code, to read:

   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, sexual orientation, marital status, national origin, ancestry,
familial status, or disability of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, or disability of any person seeking to
purchase, rent or lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability or an
intention to make any such preference, limitation, or discrimination.

   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, sexual
orientation, color, race, religion, ancestry, national origin,
familial status, marital status, disability, or on any other basis
prohibited by that section.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, or disability in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part.  Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, sexual orientation, marital
status, ancestry, disability, familial status, or national origin.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
sexual orientation, marital status, national origin, ancestry,
familial status, or disability.
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, sexual
orientation, marital status, ancestry, disability, familial status,
or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, sexual
orientation, familial status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
sexual orientation, familial status, marital status, disability,
national origin, or ancestry.  Discrimination includes, but is not
limited to, restrictive covenants, zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning
Law (Title 7 (commencing with Section 65000)), that make housing
opportunities unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.  This
paragraph shall become operative on January 1, 2001.
   (m) As used in this section, "race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, or disability" includes a perception that the person has any
of those characteristics or that the person is associated with a
person who has, or is perceived to have, any of those
characteristics.
   (n) This section shall become operative on January 1, 2005.
  SEC. 10.  Section 12955.8 of the Government Code is amended to
read:
   12955.8.  For purposes of this article, in connection with
unlawful practices:
   (a) Proof of an intentional violation of this article includes,
but is not limited to, an act or failure to act that is otherwise
covered by this part, that demonstrates an intent to discriminate in
any manner in violation of this part.  A person intends to
discriminate if race, color, religion, sex, sexual orientation,
familial status, marital status, disability, national origin, or
ancestry is a motivating factor in committing a discriminatory
housing practice even though other factors may have also motivated
the practice.  An intent to discriminate may be established by direct
or circumstantial evidence.
   (b) Proof of a violation causing a discriminatory effect is shown
if an act or failure to act that is otherwise covered by this part,
and that has the effect, regardless of intent, of unlawfully
discriminating on the basis of race, color, religion, sex, sexual
orientation, familial status, marital status, disability, national
origin, or ancestry.  A business establishment whose action or
inaction has an unintended discriminatory effect shall not be
considered to have committed an unlawful housing practice in
violation of this part if the business establishment can establish
that the action or inaction is necessary to the operation of the
business and effectively carries out the significant business need it
is alleged to serve.  In cases that do not involve a business
establishment, the person whose action or inaction has an unintended
discriminatory effect shall not be considered to have committed an
unlawful housing practice in violation of this part if the person can
establish that the action or inaction is necessary to achieve an
important purpose sufficiently compelling to override the
discriminatory effect and effectively carries out the purpose it is
alleged to serve.
   (1) Any determination of a violation pursuant to this subdivision
shall consider whether or not there are feasible alternatives that
would equally well or better accomplish the purpose advanced with a
less discriminatory effect.
   (2) For purposes of this subdivision, the term "business
establishment" shall have the same meaning as in Section 51 of the
Civil Code.
  SEC. 11.  Section 12993 of the Government Code is amended to read:

   12993.  (a) The provisions of this part shall be construed
liberally for the accomplishment of the purposes of this part.
Nothing contained in this part shall be deemed to repeal any of the
provisions of the Civil Rights Law or of any other law of this state
relating to discrimination because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, or sexual orientation,
unless those provisions provide less protection to the enumerated
classes of persons covered under this part.
   (b) Nothing contained in this part relating to discrimination in
employment on account of sex or medical condition shall be deemed to
affect the operation of the terms or conditions of any bona fide
retirement, pension, employee benefit, or insurance plan, provided
the terms or conditions are in accordance with customary and
reasonable or actuarially sound underwriting practices.
   (c) While it is the intention of the Legislature to occupy the
field of regulation of discrimination in employment and housing
encompassed by the provisions of this part, exclusive of all other
laws banning discrimination in employment and housing by any city,
city and county, county, or other political subdivision of the state,
nothing contained in this part shall be construed, in any manner or
way, to limit or restrict the application of Section 51 of the Civil
Code.
  SEC. 12.  Section 1102.1 of the Labor Code is repealed.
  SEC. 13.  Section 2.5 of this bill incorporates amendments to
Section 12921 of the Government Code proposed by both this bill and
AB 1670.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 12921 of the Government Code, and (3) this bill
is enacted after AB 1670, in which case Section 2 of this bill shall
not become operative.
  SEC. 14.  (a) Section 3.5 of this bill incorporates amendments to
Section 12926 of the Government Code proposed by both this bill and
AB 1670.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 12926 of the Government Code, (3) SB 1185 is not
enacted or as enacted does not amend that section, and (4) this bill
is enacted after AB 1670, in which case Sections 3, 3.6, and 3.7 of
this bill shall not become operative.
   (b) Section 3.6 of this bill incorporates amendments to Section
12926 of the Government Code proposed by both this bill and SB 1185.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2000, (2) each bill amends
Section 12926 of the Government Code, (3) AB 1670 is not enacted or
as enacted does not amend that section, and (4) this bill is enacted
after SB 1185, in which case Sections 3, 3.5, and 3.7 of this bill
shall not become operative.
   (c) Section 3.7 of this bill incorporates amendments to Section
12926 of the Government Code proposed by this bill, AB 1670, and SB
1185.  It shall only become operative if (1) all three bills are
enacted and become effective on or before January 1, 2000, (2) all
three bills amend Section 12926 of the Government Code, and (3) this
bill is enacted after AB 1670 and SB 1185, in which case Sections 3,
3.5, and 3.6 of this bill shall not become operative.
  SEC. 15.  Section 4.5 of this bill incorporates amendments to
Section 12930 of the Government Code proposed by both this bill and
AB 1670.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 12930 of the Government Code, and (3) this bill
is enacted after AB 1670, in which case Section 4 of this bill shall
not become operative.
  SEC. 16.  Section 7.5 of this bill incorporates amendments to
Section 12940 of the Government Code proposed by both this bill and
AB 1670.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 12940 of the Government Code, and (3) this bill
is enacted after AB 1670, in which case Section 7 of this bill shall
not become operative.
  SEC. 17.  (a) Section 9.1 of this bill incorporates amendments to
Section 12955 of the Government Code proposed by both this bill and
AB 1670.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 12955 of the Government Code, (3) SB 1098 and SB
1148 are not enacted or as enacted do not amend that section, and (4)
this bill is enacted after AB 1670, in which case Sections 9, 9.2,
9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.81, 9.82, and 9.83 of this bill shall
not become operative.
   (b) Sections 9.2 and 9.8 of this bill incorporate amendments to
Section 12955 of the Government Code proposed by both this bill and
SB 1098.  They shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 12955 of the Government Code, (3) AB 1670 and SB
1148 are not enacted or as enacted do not amend that section, and (4)
this bill is enacted after SB 1098, in which case Sections 9, 9.1,
9.3, 9.4, 9.5, 9.6, 9.7, 9.81, 9.82, and 9.83 of this bill shall not
become operative.
   (c) Section 9.3 of this bill incorporates amendments to Section
12955 of the Government Code proposed by both this bill and SB 1148.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2000, (2) each bill amends
Section 12955 of the Government Code, (3) AB 1670 and SB 1098 are not
enacted or as enacted do not amend that section, and (4) this bill
is enacted after SB 1148, in which case Sections 9, 9.1, 9.2, 9.4,
9.5, 9.6, 9.7, 9.8, 9.81, 9.82, and 9.83 of this bill shall not
become operative.
   (d) Sections 9.4 and 9.81 of this bill incorporate amendments to
Section 12955 of the Government Code proposed by this bill, AB 1670,
and SB 1098.  It shall only become operative if (1) all three bills
are enacted and become effective on or before January 1, 2000, (2)
each bill amends Section 12955 of the Government Code, (3) SB 1148 is
not enacted or as enacted does not amend that section, and (4) this
bill is enacted after AB 1670 and SB 1098, in which case Sections 9,
9.1, 9.2,  9.3, 9.5, 9.6, 9.7, 9.8, 9.82, and 9.83 of this bill shall
not become operative.
   (e) Section 9.5 of this bill incorporates amendments to Section
12955 of the Government Code proposed by this bill, AB 1670, and SB
1148.  It shall only become operative if (1) all three bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 12955 of the Government Code, (3) SB 1098 is not
enacted or as enacted does not amend that section, and (4) this bill
is enacted after AB 1670 and SB 1148, in which case Sections 9, 9.1,
9.2, 9.3, 9.4, 9.6, 9.7, 9.8, 9.81, 9.82, and 9.83 of this bill shall
not become operative.
   (f) Sections 9.6 and 9.82 of this bill incorporates amendments to
Section 12955 of the Government Code proposed by this bill, SB 1098,
and SB 1148.  It shall only become operative if (1) all three bills
are enacted and become effective on or before January 1, 2000, (2)
each bill amends Section 12955 of the Government Code, (3) AB 1670 is
not enacted or as enacted does not amend that section, and (4) this
bill is enacted after SB 1098 and SB 1148, in which case Sections 9,
9.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.81, and 9.83 of this bill shall
not become operative.
   (g) Sections 9.7 and 9.83 of this bill incorporate amendments to
Section 12955 of the Government Code proposed by this bill, AB 1670,
SB 1098, and SB 1148.  It shall only become operative if (1) all four
bills are enacted and become effective on or before January 1, 2000,
(2) each bill amends Section 12955 of the Government Code, and (3)
this bill is enacted after AB 1670, SB 1098, and SB 1148, in which
case Sections 9, 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.8, 9.81, and 9.82 of
this bill shall not become operative.