BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 268|
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THIRD READING
Bill No: AB 268
Author: Mullin (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC EMP. & RET. COMMITTEE : 3-2, 6/9/03
AYES: Soto, Escutia, Karnette
NOES: Ashburn, Oller
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 67-3, 4/24/03 - See last page for vote
SUBJECT : State employment: supervisorial training
SOURCE : State Department of Rehabilitation
DIGEST : This bill requires that the training provided to
newly appointed state supervisors include training on
employment law relating to persons with disabilities.
ANALYSIS : 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.
CONTINUED
AB 268
Page
2
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, 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.
Prior/related legislation
AB 677, 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.
AB 268
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3
AB 677 passed the Senate Floor 40-0, on 8/27/01.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/3/03)
State Department of Rehabilitation (source)
Attorney General
Department of Motor Vehicles
California Council of the Blind
Department of Fair Employment and Housing
California State Employees' Association
American Federation of State, County, and Municipal
Employees, AFL-CIO
ASSEMBLY FLOOR :
AYES: Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh,
Calderon, Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn,
Corbett, Correa, Daucher, Dutra, Dutton, Dymally,
Firebaugh, Frommer, Garcia, Goldberg, Hancock, Harman,
Jerome Horton, Houston, Jackson, Kehoe, Koretz, La Malfa,
Laird, Leno, Levine, Lieber, Liu, Longville, Lowenthal,
Maddox, Maldonado, Matthews, Maze, Montanez, Mullin,
Nakanishi, Nakano, Nation, Negrete McLeod, Nunez,
Oropeza, Pacheco, Parra, Pavley, Reyes, Richman,
Ridley-Thomas, Salinas, Simitian, Spitzer, Steinberg,
Strickland, Vargas, Wiggins, Wolk, Wyland, Yee, Wesson
NOES: Campbell, Cox, Runner
TSM:nl 7/3/03 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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