BILL ANALYSIS �
SB 117
Page 1
Date of Hearing: June 14, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 117 (Kehoe) - As Introduced: January 20, 2011
SENATE VOTE : 21-15
SUBJECT : Public contracts: prohibitions: discrimination based
on gender or sexual orientation.
SUMMARY : Prohibits a state agency from entering into a goods
or services contract worth $100,000 or more, if in the provision
of benefits, the contractor discriminates based on the gender or
sexual orientation of the spouses or domestic partners of its
employees.
EXISTING LAW :
1)Prohibits a state agency from entering into a goods or
services contract worth $100,000 or more, if in the provision
of benefits, the contractor discriminates between employees
with spouses and employees with domestic partners, or
discriminates between the domestic partners and spouses of
those employees.
2)Provides that, notwithstanding any other law, that same-sex
marriages entered outside of California before passage of
Proposition 8 will be legally recognized as such in
California; and couples in all such marriages entered into
after passage of Proposition 8 will have all of the same
rights, responsibilities and obligations as married couples,
with the sole exception of using the legal designation of
"marriage."
FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author's office, "The
playing field for contractors needs to be leveled by ensuring
that entities that discriminate are not given a competitive
advantage over those who treat their employees equally.
Providing the same benefits to an employee with a domestic
SB 117
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partner, or same-sex or opposite-sex spouse ensures that workers
receive equal pay for equal work. To do otherwise is
essentially to discriminate against gay, lesbian, bisexual and
transgender employees."
"Providing equal benefits also shows respect for the diversity
of employees and their individual circumstances. Additionally,
treating employees fairly is a sound business practice. A
non-discriminatory benefits program enables employers to attract
and retain the best and most talented employees, lowers turnover
and recruitment costs, and helps improve employee job
satisfaction and performance."
Background . AB 17 (Kehoe), Chapter 752, Statutes of 2003,
prohibited a state agency from entering into a contract for
goods or services with a contractor who discriminates in the
provision of benefits between employees with spouses and
employees with domestic partners or between the spouses and
domestic partners of those employees.
The sponsors note that several municipalities have already
passed ordinances similar to the language contained in this
bill. This bill arose as a result of these recent laws
affecting legal marriages and same-sex couples, and prohibits a
state agency from entering into a goods or services contract
worth $100,000 or more, if in the provision of benefits, the
contractor discriminates based on the gender or sexual
orientation of the spouses or domestic partners of its
employees. As a result of SB 54 (Leno), this bill applies to
out-of-state contractors conducting business in the state.
Previous Legislation . SB 54 (Leno), Chapter 625, Statutes of
2009, provides that, notwithstanding any other law, that
same-sex marriages entered outside of California before passage
of Proposition 8 will be legally recognized as such in
California; and couples in all such marriages entered into after
passage of Proposition 8 will have all of the same rights,
responsibilities and obligations as married couples, with the
sole exception of using the legal designation of "marriage."
AB 17 (Kehoe), Chapter 752, Statutes of 2003, prohibited a state
agency from entering into a contract for goods or services with
a contractor who discriminates in the provision of benefits
between employees with spouses and employees with domestic
partners or between the spouses and domestic partners of those
SB 117
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employees.
Double-referred . This bill is double-referred to Assembly
Judiciary Committee.
Support . According to the sponsor, Equality California,
"Existing law prohibits state agencies from entering into a
contract of $100,000 or more with businesses that, in the
provision of benefits, discriminate between employees with
spouses and employees with registered domestic partners. This
bill would clarify that businesses that do business with the
state should not discriminate on the basis of sexual
orientation, whether the couple is in a domestic partnership or
in a same-sex marriage."
REGISTERED SUPPORT / OPPOSITION :
Support
Equality California (sponsor)
California Commission on the Status of Women
California Communities United Institute
California Employment Lawyers Association
California Faculty Association
California Federation of Teachers
California Labor Federation
California National Organization for Women
California Nurses Association
City of West Hollywood
Gray Panthers Association of California Networks
Los Angeles Gay and Lesbian Center
Professional Engineers in California Government
Service Employees International Union, Local 1000
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301