BILL NUMBER: SB 111	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2011
	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Senator Yee
   (Coauthors: Assembly Members Ammiano, Eng, Ma, and Swanson)

                        JANUARY 18, 2011

   An act to add Section 51.15 to the Civil Code, relating to civil
rights.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 111, as amended, Yee. Civil rights: language restrictions.
   The Unruh Civil Rights Act generally prohibits business
establishments from discriminating on the basis of sex, race, color,
religion, ancestry, national origin, disability, or medical
condition. The act provides civil remedies for violations of its
provisions. Under the California Fair Employment and Housing Act, it
is an unlawful employment practice for an employer to adopt or
enforce a policy that prohibits the use of any language in the
workplace, except if that policy is justified by business necessity,
as defined, and prescribed notice of the policy and consequences for
violation of the policy is given to employees.
   This bill would make it a violation of the Unruh Civil Rights Act
to adopt or enforce a policy that requires, limits, or prohibits the
use of any language in or with a business establishment, unless the
policy is justified by a business necessity, as defined, and
notification has been provided  to persons subject to the
language restriction or requirement  of the circumstances and
the time when the language restriction or requirement is to be
observed and of the consequences for its violation. The bill would
define business necessity to require, among other things, that the
language restriction or requirement is necessary for the safe and
efficient operation of the business and that an equally effective,
but less discriminatory, alternative practice does not exist. The
bill would provide for an award of damages, and attorney's fees as
may be determined by the court, for a violation of its provisions.
   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 51.15 is added to the Civil Code, to read:
   51.15.  (a) It is a violation of Section 51 to adopt or enforce a
policy that requires, limits, or prohibits the use of any language in
or with a business establishment, unless both of the following
conditions exist:
   (1) The language restriction or requirement is justified by a
business necessity. For purposes of this section, "business necessity"
means an overriding legitimate business purpose for which all of the
following are true:
   (A) The language restriction or requirement is necessary for the
safe and efficient operation of the business.
   (B) The language restriction or requirement effectively fulfills
the business purpose it is supposed to serve.
   (C) An alternative practice to the language restriction or
requirement that would accomplish the business purpose equally well
with a lesser discriminatory impact does not exist.
   (2) Notification has been provided  to persons subject to the
language restriction or requirement  of the circumstances and
the time when the language restriction or requirement is required to
be observed  ,  and of the consequences for its violation.
   (b) In an action pursuant to this section, remedies shall be
awarded as provided in subdivision (a) of Section 52. 
   (c) Nothing in this section shall be construed to impose a duty on
any business establishment to provide customer service in a
particular language unless that duty is otherwise required by law.
 
   (c) This section does not impose an independent duty on any
business establishment to advertise, serve, contract, or communicate
with customers or potential customers in a particular language.
However, nothing in this section shall be construed to alter, limit,
or negate any duties, requirements, remedies, or rights provided
under Section 51 or any other law. 
   (d) The prohibitions and defenses under this section are in
addition to any other prohibitions and defenses under any other
section or other law, and the rights and remedies provided by this
section may be enforced independently of any other rights or
remedies. 
   (e) Nothing in this section shall be construed to alter, limit, or
negate application of any other remedies or rights provided under
Section 51 or any other law.  
   (f) 
    (e)  This section does not  apply to employment and
does not  expand, reduce, or otherwise affect the provisions of
Section 12951 of the Government Code.