BILL ANALYSIS
AB 1001
Page 1
Date of Hearing: April 14, 1999
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Alan Lowenthal, Chair
AB 1001 (Villaraigrosa) - As Introduced: February 25, 1999
SUBJECT : Housing and employment discrimination based on a
person's sexual orientation.
SUMMARY : Amends the Fair Employment and Housing Act (FEHA) to
prohibit discrimination on the basis of sexual orientation and
deletes a similar provision in the Labor Code. Codifies current
case law regarding housing discrimination. Specifically, this
bill :
1)Defines "sexual orientation" as "heterosexuality,
homosexuality, and bisexuality."
2)Defines sexual orientation as an unlawful basis for
discrimination in employment and housing and amends FEHA to
include sexual orientation.
3)Declares that the opportunity to seek and obtain employment
free from discrimination is a civil right.
4)Prohibits the owner of any housing accommodation from making
any inquiry, oral or written, regarding an applicant's sexual
orientation and from discriminating against the applicant.
5)Prohibits any person or entity that provides financial
assistance for the purchase or construction of housing from
discriminating against any person or group of persons because
of sexual orientation.
6)Deletes the prohibition on employment discrimination based on
sexual orientation from the Labor Code.
EXISTING LAW
1)Recognizes in case law that it is the duty of the Department
of Fair Employment and Housing (FEH) to investigate and
adjudicate complaints regarding housing discrimination based
on sexual orientation (Hubert Williams (1982) 133 Cal. App.3
Supp.1).
AB 1001
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2)Provides FEH a variety of enforcement tools to investigate and
adjudicate housing discrimination based on sexual orientation.
FEH can order the landlord to cease and desist, to sell or
rent the accommodation to the complainant, access actual
damages, and access punitive damages of $10,000 for a first
offense, $25,000 for a second, and $50,000 for three or more.
In addition, the complainant can choose to file a civil action
in lieu of or during FEH administrative process. Unlike
employment cases, there is no requirement that a complainant
exhaust the administrative remedies before filing a civil
action.
3) Establishes that it is the duty of FEH to investigate and
adjudicate complaints regarding employment, including hiring,
promotion, and termination, on the basis of race religious
creed, color, national origin, ancestry, physical handicap,
medical condition, marital status, sex, or age.
4)Provides FEH a variety of tools to investigate and adjudicate
complaints regarding employment discrimination with the
exception of sexual orientation. Complaints must be filed
within one-year of the alleged incident. Remedies available
for include cease and desist orders, reinstatement, actual
damages up to $50,000, affirmative or prospective relief, and
an administrative fine. If a complainant is not satisfied with
the administrative decision, or if FEH issues the complainant
a right-to-sue letter, the complainant can bring a civil
action in court. The complainant cannot file a civil action
without first exhausting FEHA administrative remedies.
5)Prohibits under Labor Code Section 1102.1 employment
discrimination in any aspect of employment or opportunity for
employment based on actual or perceived sexual orientation.
Employers with five or fewer employees and all non-profit
organizations are exempt.
The Department of Industrial Relations (DIR), investigates
complaints arising under this section, or complaints can be
filed as a civil action in court. Claims must be filed within
thirty days of the alleged incident. Remedies available
include cease and desist orders, reinstatement, back pay, and
attorneys' fees.
FISCAL EFFECT : Unknown
AB 1001
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COMMENTS :
The purpose of this bill is to afford individuals who suffer
from housing and employment discrimination due to sexual
orientation the same protections as those who suffer
discrimination due to race, religion, color, national origin,
ancestry, physical handicap, medical condition, marital status,
sex, or age.
Related Legislation : This bill is similar to AB 257
(Villaraigosa) of 1997, which was vetoed by Governor Wilson.
Supporters of this bill argue that that in the case of housing
discrimination, state law should reflect case law. They argue
that if the gay and lesbian community is covered by current case
law, then they deserve to have state law reflect this. They also
believe enforcement of discrimination should be located within a
single office, making it easier for victims to identify the
appropriate office to contact and seek redress. Current practice
can be confusing because victims do not know whom to contact and
may receive conflicting information by an office not
specializing in that specific type of discrimination.
Supporters of this bill argue that the differences between the
Labor code and FEHA result in unequal protection against
employment discrimination for gay, lesbian, and bisexual
individuals. The differences they cite include:
a) The Labor Code allows only 30 days to file a
complaint. The FEHA allows up to one year. Supporters
argue that 30 days is not enough time in to identify and
act on discrimination, especially since the complainant
may not immediately realize that discrimination has
occurred.
b) Extensive case law has established guidelines for
FEHA, whereas little exists interpreting Labor Code
Section 1102.1.
c) FEH investigators are extensively trained in
discrimination cases. DIR investigators, on the other
hand, primarily handle whistleblowing cases, wage
disputes, and health and safety complaints.
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Opponents of this bill argue that churches will be forced to
hire homosexual employees if this bill passes, although
nonprofit religious organizations are specifically exempt from
the FEHA.Opponents also argue that this bill might be costly to
businesses. They believe small businesses, who might be involved
in increased litigation, would suffer a large financial burden
defending themselves.
This bill has been double referred to the Committee on Labor and
Employment.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
Asian Pacific Gays and Friends
California Alliance for Pride and Equality
California Nurses Association
California Rural Legal Assistance Foundation
California Teachers Association
Consumer Attorneys of California
Gay and Lesbian Association of Retiring Persons
National Organization For Women
Reform Party
Santa Barbara Stonewall Democratic Club
South Orange County Chapter of the Parents, Families and Friends
of Lesbian and Gays Organization.
Western Center on Law and Poverty
Wildcat International
17 Individuals
Opposition
Committee on Moral Concerns
Traditional Values Coalition
21 Individuals
Analysis Prepared by: Patrick O'Donnell / H. & C.D. /
(916)319-2085