BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 268
                                                                  Page  1

          Date of Hearing:   April 2, 2003

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL  
                                      SECURITY
                            Gloria Negrete McLeod, Chair
                  AB 268 (Mullin) - As Introduced:  February 4, 2003
           
          SUBJECT  :   State employment: supervisorial training.

           SUMMARY  :  Specifically,  this bill  requires that the training  
          provided to newly appointed state supervisors include training  
          on employment law relating to persons with disabilities.

           EXISTING LAW  requires that each newly appointed state  
          supervisorial employee receive a minimum of 80 hours of  
          training, with at least 40 hours of that training to be  
          structured and be provided by a qualified instructor.  Existing  
          law requires the training include subjects such as the role of  
          the supervisor, techniques of supervision, planning, organizing,  
          staffing and controlling, performance standards, performance  
          appraisal, affirmative action, discipline, labor relations, and  
          grievances.

          FISCAL EFFECT  :   Unknown

           COMMENTS  :   Supporters state that the training required by this  
          bill will "ensure that managers and supervisors are aware of  
          their responsibilities and liability under existing laws and  
          rules that are intended to provide a discrimination free working  
          environment for all, but particularly for persons with  
          disabilities."

          Supporters further state, "The California Fair Employment and  
          Housing Act (FEHA) significantly changed the California  
          employment laws.  The result was broader protection for  
          individuals with disabilities, including requiring a timely,  
          good faith, interactive process and imposing individual  
          liability for failure to comply.

          However, supervisors' and managers' limited or lack of knowledge  
          of the requirements under FEHA has proven to be an ongoing  
          barrier in the work environment for persons with disabilities,  
          resulting in increased discrimination charges and ultimately  
          increased litigation costs to the state.  Without mandating  
          training for managers and supervisors, complaints and lawsuits,  








                                                                  AB 268
                                                                  Page  2

          and the costs associated with them will likely continue."

          According to the State Personnel Board, a total of 678  
          discrimination complaints were filed in FY 2000, 103 of which  
          were disability related.  The total estimated cost to the state  
          for disability related complaints and suits was $10.5 million:  
          $1.5 million for processing, counseling, and investigating the  
          disability related complaints and $9 million to litigate the 84  
          cases that were disability related.







           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Department of Rehabilitation (Sponsor)

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957