BILL ANALYSIS
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 268
Nell Soto, Chair Hearing date: June 9, 2003
AB 268 (Mullin) as introduced FISCAL: YES
STATE SUPERVISORS: TRAINING ON EMPLOYMENT OF PERSONS WITH
DISABILITIES
HISTORY :
Sponsor: California State Department of Rehabilitation
Prior legislation: AB 677 (Steinberg)
Chapter 708 of 2001
ASSEMBLY VOTES :
PER & SS 8-0 4/02/03
Appropriations 22-2 4/09/03
Assembly Floor 67-3 4/24/03
SUMMARY :
Would require that the training provided to newly appointed
state supervisors include training on employment law relating
to persons with disabilities.
BACKGROUND AND ANALYSIS :
1) Existing law requires:
a) 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, and
b) 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.
2) This bill would require that the training provided to
newly appointed state supervisors include training on
employment law relating to persons with disabilities.
David Felderstein
Date: 5/14/03 Page 1
FISCAL EFFECT :
According to the Assembly Appropriations Committee analysis:
"The Department of Personnel Administration (DPA) estimates
the bill results in minor, absorbable costs. The bill
results in potential savings to the extent that enhanced
training reduces the number of disability complaints
against the state."
COMMENTS :
1) Chapter 708 of 2001 provides that no person in the state
shall be unlawfully denied full and equal access to the
benefits of employment or unlawfully subjected to
discrimination under any program or activity that is
conducted, operated or administered by the state or a state
agency, is funded directly by the state or receives any
financial assistance from the state.
2) ARGUMENTS IN SUPPORT
Supporters 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."
3) According to the State Personnel Board, a total of 678
discrimination complaints were filed in fiscal year 2000, 103
David Felderstein
Date: 5/14/03 Page 2
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.
4) SUPPORT :
Attorney General Bill Lockyer
Department of Motor Vehicles (DMV)
California Council of the Blind (CCB)
Department of Fair Employment and Housing (DFEH)
California State Employees' Association (CSEA)
American Federation of State, County, and Municipal
Employees, AFL-CIO (AFSCME)
5) OPPOSITION :
None to date
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David Felderstein
Date: 5/14/03 Page 3