BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 196
                                                                  Page  1

          Date of Hearing:   April 2, 2003

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Darrell Steinberg, Chair

                     AB 196 (Leno) - As Amended:  March 26, 2003 

          Policy Committee:                              Labor and  
          Employment   Vote:                            6-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill expands the anti-discrimination provisions of the Fair  
          Employment and Housing Act (FEHA) to include gender, which is  
          defined as a person's actual sex or the perception of a person's  
          identity, appearance, or behavior, regardless of whether  
          different from that traditionally associated with the person's  
          sex at birth.

           FISCAL EFFECT  

          Minor, absorbable enforcement cost to the Department of Fair  
          Employment and Housing (DFEH).

           COMMENTS  

           1)Background  .  The FEHA prohibits employment and housing  
            discrimination based on sex and sexual orientation, as well as  
            race, religious creed, color, national origin, ancestry,  
            physical disability, mental disability, medical condition,  
            marital status, or age. The DFEH investigates and adjudicates  
            complaints arising under the FEHA.

           2)Purpose.  This bill clarifies that gender stereotyping is a  
            prohibited form of sex discrimination under the FEHA.  
            Gender-based discrimination is rooted in discomfort or  
            disapproval of the way another person does or does not exhibit  
            the traits stereotypically associated with his or her sex.   
            The traits may include a person's personality, clothing,  
            hairstyle, speech, mannerisms, demeanor, or secondary sex  
            characteristics such as vocal pitch, facial hair, or the size  
            or shape of a person's body.








                                                                  AB 196
                                                                  Page  2


            This bill codifies state and federal case law on gender-based  
            discrimination and brings FEHA into conformity with the  
            terminology used in related California non-discrimination  
            statutes and with the definition of gender set forth in the  
            Penal and Education Codes.

           3)Prior Legislation  . Two similar bills have failed passage in  
            the Legislature in recent years. AB 1649 (Goldberg) died on  
            the Senate inactive file last year.  AB 2142 (Keeley) failed  
            passage in the Senate Judiciary Committee in 2000.


           Analysis Prepared by  :    Stephen Shea / APPR. / (916) 319-2081