BILL NUMBER: AB 781	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 21, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Jeffries

                        FEBRUARY 26, 2009

   An act to add  Chapter 13 (commencing with Section 3650)
to Division 4 of Title 1 of the Government Code, relating to public
employment.   Sections 7294.1 and 7299.7 to the
Government Code, relating to bilingual services. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 781, as amended, Jeffries.  Public employment:
language.   Bilingual services. 
   Existing law  deems the opportunity to seek and obtain
employment without discrimination, as specified, to be a civil right.
Existing law prohibits an employer from refusing to hire a person,
or taking certain other actions, based on specified characteristics,
unless based on a bona fide occupational qualification  
, the Dymally-Alatorre Bilingual Services Act, requires every state
agency, except as specified, that is directly involved in the
furnishing of information or the rendering of services to the public
whereby contact is made with a substantial number of
non-English-speaking people to employ a sufficient number of
qualified bilingual persons in public contact positions. Existing law
also requires that any materials explaining services available to
the public be translated into any non-English   language
spoken by a substantial number of the public served by the agency.
Existing law imposes specified reporting requirements related to
these provisions  .
   This bill would prohibit a  city, county, or 
state  governmental entity   or local agency
 from  discriminating against an employee or an
applicant for employment on the basis of the ability of the employee
or applicant to speak a language other than English, unless an
ability to speak a language other than English constitutes a bona
fide occupational qualification   imposing or
implementing an action or decision pursuant to these provisions as a
pretext for discrimination on the basis of race, national origin, or
other unlawful discrimination in employment, including any
requirement that an employee be bilingual, as specified. The bill
would also require that all information and reports required by the
provisions of existing law described above shall be public
information unless otherwise restricted by law  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7294.1 is added to the 
 Government Code  , to read:  
   7294.1.  No state or local agency shall impose or implement an
action or decision pursuant to this chapter as a pretext for
discrimination on the basis of race, national origin, or other
unlawful discrimination in employment, including any requirement that
an employee be bilingual. An action or decision taken for the
purpose of fulfilling the requirements of this chapter shall not be
considered a pretext for discrimination. 
   SEC. 2.    Section 7299.7 is added to the  
Government Code   , to read:  
   7299.7.  All information and reports required by this chapter
shall be public information unless otherwise restricted by law. 

  SECTION 1.    Chapter 13 (commencing with Section
3650) is added to Division 4 of Title 1 of the Government Code, to
read:
      CHAPTER 13.  DISCRIMINATION IN PUBLIC EMPLOYMENT


   3650.  A city, county, or state governmental entity shall not
discriminate against an employee or an applicant for employment on
the basis of the ability of the employee or applicant to speak a
language other than English, unless an ability to speak a language
other than English constitutes a bona fide occupational
qualification.