BILL ANALYSIS
AB 268
Page 1
ASSEMBLY THIRD READING
AB 268 (Mullin)
As Introduced February 4, 2003
Majority vote
PUBLIC EMPLOYEES 8-0 APPROPRIATIONS 22-2
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|Ayes:|Negrete McLeod, Levine, |Ayes:|Steinberg, Bates, Berg, |
| |Chan, Correa, Kehoe, | |Calderon, Corbett, Chu, |
| |Laird, Maldonado, | |Daucher, Diaz, Firebaugh, |
| |Nakanishi | |Goldberg, Leno, |
| | | |Maldonado, Nation, |
| | | |Negrete McLeod, Nunez, |
| | | |Pacheco, Pavley, |
| | | |Ridley-Thomas, Samuelian, |
| | | |Simitian, Laird, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Haynes, Runner |
| | | | |
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SUMMARY : Requires that the training provided to newly appointed
state supervisors include training on employment law relating to
persons with disabilities.
EXISTING LAW requires:
1)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.
2)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
AB 268
Page 2
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, and the costs associated with them will likely
continue."
According to the State Personnel Board, a total of 678
discrimination complaints were filed in fiscal year 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.
Analysis Prepared by : Clem Meredith / P.E., R. & S.S. / (916)
319-3957
FN: 0000448