BILL ANALYSIS
SB 1252
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1252 (Corbett) - As Amended: May 19, 2010
Policy Committee: JudiciaryVote:7-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill makes miscellaneous technical and conforming changes
to housing discrimination law, including increasing the maximum
civil penalties that may be assessed for a violation of the Fair
Employment and Housing Act (FEHA) from $10,000, $25,000, and
$50,000 to $16,000, $37,500, and $65,000 for a person's first,
second, and third violations, respectively.
FISCAL EFFECT
Any costs to the Department of Fair Employment and Housing
(DFEH), which enforces the FEHA and other civil rights laws,
would be minor and absorbable.
COMMENTS
Background and Purpose . This bill is sponsored by the DFEH to
make several technical changes to the FEHA. The FEHA prohibits
employment and housing discrimination based on the protected
classes of race, color, religion, sex, sexual orientation,
marital status, national origin, ancestry, familial status,
source of income, or disability. The FEHA further provides that
it is a civil right to be able to pursue and maintain housing or
employment without facing discrimination.
According to a work-sharing agreement between the DFEH and the
U.S. Department of Housing and Urban Development (HUD), the FEHA
must remain substantially similar to the Fair Housing Amendments
Act (FHAA) in order for the DFEH to receive complaint referrals
and funding from HUD. According to the DFEH, for the current
contract period the DFEH anticipates receiving over $3 million
dollars from HUD, which it believes could be at risk if this
SB 1252
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bill is not enacted.
This bill keeps the FEHA substantially equal to the FHAA by
conforming the FEHA civil penalty caps to the recently revised
federal caps.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081