BILL ANALYSIS
AB 1001
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Date of Hearing: May 26, 1999
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
AB 1001 (Villaraigosa) - As Amended: April 28, 1999
Policy Committee: Housing and
Community Development Vote:7-4
Labor and Employment 6-3
Urgency: No State Mandated Local
Program:NoReimbursable:
SUMMARY :
This bill increases the time allowed for filing a claim of
employment discrimination based on sexual orientation from 30
days to one year of an alleged incident. (This is the effect of
moving provisions governing such discrimination from the Labor
Code to the Fair Employment and Housing Code.)
FISCAL EFFECT :
Estimated annual General Fund costs of about $450,000 to
investigate the higher number of cases that probably be filed
within the longer statute of limitations.
(The estimate is based on an analysis done by the Department of
Fair Employment and Housing [DFEH] in 1997 for AB 257
[Villaraigosa], which is substantially similar to this bill and
was vetoed by Governor Wilson. The analysis assumed that the
350 additional investigations of discrimination would be
conducted annually as a result of the bill.)
COMMENTS :
1)Purpose . According to the author, current law places
protection against discrimination of gay, lesbian, and
bisexual individuals in a completely different category from
other groups. Gays thus do not have equivalent protection to
other California employees, who are protected by the Fair
Employment and Housing Act (FEHA). In addition, the author
believes that a lack of awareness and the restrictive
deadlines of the Labor Code in comparison to FEHA make FEHA a
AB 1001
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preferable alternative to present California law.
2)Opposition . 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 FEHA. Opponents also object to providing
protection for a group of people whose behavior offends them.
Opponents object to giving homosexuals "minority status."
However, this bill does not create a new protected class
because discrimination in employment on the basis of sexual
orientation is already prohibited under current law. This
bill simply provides the same statute of limitations,
administrative procedures, and remedies for all victims of
discrimination.
Analysis Prepared by : Chuck Nicol / APPR. / (916)319-2081