BILL NUMBER: SB 211	CHAPTERED  10/10/99

	CHAPTER   797
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 1, 1999
	AMENDED IN ASSEMBLY   AUGUST 24, 1999
	AMENDED IN ASSEMBLY   JULY 15, 1999
	AMENDED IN SENATE   MAY 25, 1999
	AMENDED IN SENATE   FEBRUARY 24, 1999

INTRODUCED BY   Senator Solis
   (Coauthors:  Assembly Members Kuehl and Romero)

                        JANUARY 20, 1999

   An act to amend Section 12960 of, and to add Section 12928 to, the
Government Code, relating to discrimination.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 211, Solis.  Employment.
   Under existing provisions of the California Fair Employment and
Housing Act, a person filing a complaint for an unlawful practice
with the Department of Fair Employment and Housing is required to
file within one year, except that the period for filing may be
extended an additional 90 days if a person allegedly aggrieved first
obtains knowledge of the facts after one year after their occurrence.
  The act provides, with certain exceptions, that an "employer"
subject to the unlawful practices provisions of the act includes any
person regularly employing 5 or more persons, or any person acting,
directly or indirectly, as an agent of an employer, or the state or
any political or civil subdivision thereof, and cities.  For purposes
of provisions defining unlawful employment practices related to
mental disability, the act defines "employer" to mean 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.

   This bill would provide that, for purposes of this act, there is a
rebuttable presumption that "employer" includes any person or entity
identified as the employer on the employee's Federal Form W-2 (Wage
and Tax Statement).  The bill also would extend the time for filing a
complaint with the department for an alleged unlawful practice for
an additional one year following a rebutted presumption of employer
identity in order to allow the person allegedly aggrieved by an
unlawful practice to make a substitute identification of the actual
employer.


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


  SECTION 1.  Section 12928 is added to the Government Code, to read:

   12928.  Notwithstanding any other provision of this part, there is
a rebuttable presumption that "employer," as defined by subdivision
(d) of Section 12926 and by paragraph (2) of subdivision (d) of
Section 12926, includes any person or entity identified as the
employer on the employee's Federal Form W-2 (Wage and Tax Statement).

  SEC. 2.  Section 12960 of the Government Code is amended to read:
   12960.  The provisions of this article govern the procedure for
the prevention and elimination of practices made unlawful pursuant to
Article 1 (commencing with Section 12940) of Chapter 6.
   Any person claiming to be aggrieved by an alleged unlawful
practice may file with the department a verified complaint in writing
that shall state the name and address of the person, employer, labor
organization, or employment agency alleged to have committed the
unlawful practice complained of, and that shall set forth the
particulars thereof and contain other information as may be required
by the department.  The director or his or her authorized
representative may in like manner, on his or her own motion, make,
sign, and file a complaint.  Any employer whose employees, or some of
them, refuse or threaten to refuse to cooperate with the provisions
of this part may file with the department a verified complaint asking
for assistance by conciliation or other remedial action.
   No complaint may be filed after the expiration of one year from
the date upon which the alleged unlawful practice or refusal to
cooperate occurred, except that this period may be extended as
follows:  (a) for not to exceed 90 days following the expiration of
that year, if a person allegedly aggrieved by an unlawful practice
first obtained knowledge of the facts of the alleged unlawful
practice after the expiration of one year from the date of their
occurrence, or (b) for not to exceed one year following a rebutted
presumption of the identity of the person's employer under Section
12928, in order to allow a person allegedly aggrieved by an unlawful
practice to make a substitute identification of the actual employer.