BILL ANALYSIS                                                                                                                                                                                                    



Subject matter was not heard in Assembly policy committee this  
legislative
Session, should be noted in the last paragraph of the background  
section of the 
CSA analysis.  Language will vary depending on the circumstance.
  AB 1001
                                                          Page  1

 CONCURRENCE IN SENATE AMENDMENTS
AB 1001 (Villaraigosa)
As Amended September 3, 1999
Majority vote
  
ASSEMBLY: 42-36                 (June 3, 1999)                   
SENATE:   21-15                 (September 7, 1999)             
   
  Original Committee Reference:   H. & C. D.  

  SUMMARY  :  Moves the provisions prohibiting employment  
discrimination on the basis of sexual orientation from the Labor  
Code to the Fair Employment and Housing Act (FEHA).  Codifies  
case law, which prohibits housing discrimination on the basis of  
sexual orientation. 

  The Senate amendments  :

1)Specify that nothing in the bill is intended to alter the  
  definition of employer with regard to any bona fide scouting  
  organization covered under Section 1102.1 of the Labor Code as  
  it read on December 1, 1999.

2)Double join the bill with AB 1670 (Assembly Judiciary  
  Committee), SB 1185 (Johnston), and SB 1098 (Burton). 

  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). 

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.  








Subject matter was not heard in Assembly policy committee this  
legislative
Session, should be noted in the last paragraph of the background  
section of the 
CSA analysis.  Language will vary depending on the circumstance.
  AB 1001
                                                          Page  2

  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 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. 

  AS PASSED BY THE ASSEMBLY  , this bill amended the 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.








Subject matter was not heard in Assembly policy committee this  
legislative
Session, should be noted in the last paragraph of the background  
section of the 
CSA analysis.  Language will vary depending on the circumstance.
  AB 1001
                                                          Page  3


  FISCAL EFFECT  : According to the Senate Appropriations Committee,  
appropriates $200,000 in 1999-2000 and $400,000 in 2000-2001 and  
2001-2002 from the General Fund. 


  Analysis Prepared by  :  Patrick O'Donnell / H. & C.D. / (916)  
319-2085 


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