BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1443
                                                                  Page  1

          Date of Hearing:   May 7, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 1443 (Skinner) - As Amended:  May 1, 2014 

          Policy Committee:                              LaborVote:6-0
                       Judiciary                                10-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill adds "unpaid intern and volunteers" to the list of  
          categories protected under the Fair Employment and Housing Act  
          (FEHA) from discrimination by employers, labor organizations,  
          employment agencies, and specified training programs.   
          Specifically, this bill:

          Specifies it is unlawful for any person to discriminate against  
          any person in the selection, termination, training or other  
          terms or treatment in any apprenticeship training program, other  
          training program leading to employment, or any unpaid internship  
          or other program to provide unpaid experience for the  
          participate in the workforce or industry. 

           FISCAL EFFECT  

          Minor, absorbable costs to the Department of Fair Employment and  
          Housing to process complaint filings as they anticipate few  
          complaints.  

           COMMENTS  

           1)Purpose  . Neither state nor federal law explicitly protects  
            unpaid interns from sexual harassment or discrimination.  The  
            FEHA does not currently define the term employee, and no court  
            has reportedly determined whether the FEHA applies to interns.  
             

            Title VII of the Civil Rights Act of 1964 is the federal  
            equivalent of FEHA and prevents employment discrimination  
            based on race, color, religion, sex or national origin.   








                                                                  AB 1443
                                                                  Page  2

            However, federal courts have generally rejected claims by  
            unpaid interns or volunteers under Title VII.

            This bill seeks to protect interns and other volunteers  from  
            harassment and discrimination in employment under the FEHA.

           2)Background.   The FEHA protects and safeguards the right and  
            opportunity of all persons to seek, obtain, and hold  
            employment without discrimination, abridgment, or harassment,  
            as specified. The act makes these provisions applicable to  
            employers, labor organizations, employment agencies, and  
            specified training programs, but does not explicitly protect  
            unpaid interns from harassment or discrimination.  

            FEHA currently extends protections against harassment to one  
            category of non-employees, specifically "a person providing  
            services pursuant to a contract" (Government Code section  
            12940(j)(1), such as an independent contractor.  This addition  
            was added to FEHA pursuant to AB 1670 (Assembly Judiciary  
            Committee) from 1999.  
           
          Analysis Prepared by  :    Misty Feusahrens / APPR. / (916)  
          319-2081