BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2142
                                                                    Page  1

          Date of Hearing:   May 3, 2000

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                              Carole Migden, Chairwoman

                    AB 2142 (Keeley) - As Amended: April 4, 2000 

          Policy Committee:                              Labor and  
          Employment   Vote:                             6-3

          Urgency:     No                   State Mandated Local  
          Program:NoReimbursable:           

           SUMMARY  :

          This bill provides that for purposes of the anti-discrimination  
          provisions of the Fair Employment and Housing Act (FEHA), the  
          term "sex" includes a person's gender, which is further defined  
          to mean a victim's actual sex or the perception of a victim's  
          identify, appearance, or behavior, regardless of whether  
          different from that traditionally associated with the victim's  
          sex at birth.

           FISCAL EFFECT  :

          Minor, absorbable enforcement cost to the Department of Fair  
          Employment and Housing.

           COMMENTS  :

           1)Background  .  FEHA prohibits employment and housing  
            discrimination based on sex and sexual orientation, as well as  
            race, religious creed, color, national origin, ancestry,  
            physical disability, mental disability, medical condition,  
            marital status, or age. The Department of Fair Employment and  
            Housing investigates and adjudicates complaints arising under  
            FEHA.  FEHA defines "sexual orientation" as "heterosexuality,  
            homosexuality, and sexuality."

           2)Purpose  . This bill clarifies that gender stereotyping is a  
            prohibited form of sex discrimination under FEHA. Gender-based  
            discrimination is rooted in discomfort or disapproval of the  
            way another person does or does not exhibit the traits  
            stereotypically associated with his or her sex.  The traits  
            may include a person's personality, clothing, hairstyle,  








                                                                    AB 2142
                                                                    Page  2

            speech, mannerisms, demeanor, or secondary sex characteristics  
            such as vocal pitch, facial hair, or the size or shape of a  
            person's body.  

            AB 2142 codifies state and federal case law on gender-based  
            discrimination and brings FEHA into conformity with the  
            terminology used in related California non-discrimination  
            statutes and with the definition of gender set forth in the  
            Penal and Education Codes.





           Analysis Prepared by  :    Stephen Shea / APPR. / (916) 319-2081