BILL ANALYSIS
AB 1001
Page 1
ASSEMBLY THIRD READING
AB 1001 (Villaraigosa)
As Amended May 28, 1999
Majority vote
HOUSING 7-4 LABOR 6-3
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|Ayes:|Lowenthal, Corbett, |Ayes:|Steinberg, Gallegos, |
| |Dutra, Knox, Cedillo, | |Knox, Kuehl, Romero, |
| |Torlakson, Wildman | |Keeley |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|House, Battin, Olberg, |Nays:|Margett, McClintock, |
| |Runner | |Oller |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 14-7
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|Ayes:|Migden, Cedillo, Davis, | | |
| |Hertzberg, Kuehl, Papan, | | |
| |Romero, Shelley, | | |
| |Steinberg, Thomson, | | |
| |Wesson, Wiggins, Wright, | | |
| |Aroner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Brewer, Ashburn, Battin, | | |
| |Pescetti, Maldonaldo, | | |
| |Runner, Zettel | | |
| | | | |
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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
AB 1001
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discrimination in employment and housing and amends the FEHA
to include sexual orientation in list of actionable
discriminatory practices.
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.
FISCAL EFFECT : According to the Assembly Appropriations
analysis, this bill will generate annual General Fund costs of
$450,000 to handle the increased caseload that will result from
a change in the statute of limitation.
COMMENTS :
1)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.
AB 257 (Villaraigosa) of 1997, which was vetoed by Governor
Wilson.
2)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
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information by an office not specializing in that specific
type of discrimination.
3)Supporters of this bill argue that the differences between the
Labor Code and the 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 the
FEHA, whereas little case law exists which interprets Labor
Code Section 1102.1.
c) FEH investigators are extensively trained in
discrimination cases. DIR investigators, on the other hand,
primarily handle whistleblower cases, wage disputes, and
health and safety complaints.
4)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.
5)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.
Analysis Prepared by : Patrick O'Donnell / H. & C.D. / (916)
319-2085
FN: 0001570