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SB-396 Employment: training and education: harassment: gender identity, gender expression, and sexual orientation.(2017-2018)

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Date Published: 06/28/2017 09:00 PM
SB396:v97#DOCUMENT

Amended  IN  Assembly  June 28, 2017
Amended  IN  Senate  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 396


Introduced by Senator Lara

February 15, 2017


An act to add Article 7.9 (commencing with Section 92685) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, relating to the University of California. An act to amend Sections 12950 and 12950.1 of, and to add Section 12950.3 to, the Government Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 396, as amended, Lara. University of California: California Medical Residency Training Pilot Program. Employment: training and education: harassment: gender identity, gender expression, and sexual orientation.
The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer’s knowledge. FEHA requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified.
This bill would additionally require employers with 50 or more employees to include, as a component of that prescribed training and education for supervisors, training inclusive of harassment based on gender identity, gender expression, and sexual orientation. The bill would also require an employer with 50 or more employees who contracts with the state to provide at least 2 hours of training and education regarding harassment based on gender identity, gender expression, and sexual orientation.
FEHA requires each employer to post a poster on discrimination in employment, which includes information relating to the illegality of sexual harassment, in a prominent and accessible location in the workplace.
The bill would also require each employer to post a poster developed by the Department of Fair Employment and Housing regarding transgender rights in a prominent and accessible location in the workplace.

Existing law, known as the Medical Practice Act, provides for licensing and regulation of physicians and surgeons by the Medical Board of California, and imposes various requirements in that regard. Existing law requires an applicant for a license as a physician and surgeon to successfully complete a specified medical curriculum, a clinical instruction program, and a training program. Existing law provides that nothing in the Medical Practice Act shall be construed to prohibit a foreign medical graduate from engaging in the practice of medicine whenever and wherever required as part of a clinical service program, subject to certain conditions.

Existing law prohibits a student, including a person without lawful immigration status, a person who is exempt from nonresident tuition pursuant to a specified statute, or a person who fits into both of those categories, who meets the requirements for admission to a medical degree program at any public or private postsecondary educational institution that offers such a program from being denied admission to that program based on his or her citizenship status or immigration status. Existing law also prohibits such a student from being denied admission, based on his or her citizenship status or immigration status, to a healing arts residency training program whose participants are not paid.

This bill would request the Regents of the University of California to, on or before July 31, 2018, develop and implement a California Medical Residency Training Pilot Program for students interested in medical training in California who meet requirements adopted by the regents for receiving an exemption from paying nonresident tuition, as specified. The bill would encourage the regents to ensure that the program includes specified components. The bill would establish the California Medical Residency Training Program Fund in the State Treasury and would make moneys deposited into the fund available upon appropriation by the Legislature for the purposes of the pilot program. The bill would establish that personal information of a student collected or obtained for the pilot program is not a public record for purposes of the California Public Records Act and shall only be collected, used, and retained to administer the program, and would prohibit disclosure of that personal information to any other person, except as provided.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12950 of the Government Code is amended to read:

12950.
 In addition to employer responsibilities set forth in subdivisions (j) and (k) of Section 12940 and in rules adopted by the department and the council, every employer shall act to ensure a workplace free of sexual harassment by implementing the following minimum requirements:
(a) (1)  The department shall amend its current poster on discrimination in employment to include information relating to the illegality of sexual harassment. This amended poster shall be distributed to employers when the supply of the current poster is exhausted. One copy of the amended poster shall be provided by the department to an employer upon request. The amended poster shall be available at each office of the department, and shall be mailed if the request includes a self-addressed envelope with postage affixed. Multiple copies of the amended poster shall be made available online by the Department of Fair Employment and Housing. Each employer shall post the amended poster in a prominent and accessible location in the workplace.
(2) Post a poster developed by the department regarding transgender rights in a prominent and accessible location in the workplace.
(b) Each employer shall obtain from the department its information sheet on sexual harassment, which the department shall make available to employers for reproduction and distribution to employees. One copy of the information sheet shall be provided by the department to an employer upon request. The information sheets shall be available at each office of the department, and shall be mailed if the request includes a self-addressed envelope with postage affixed. Multiple copies of the information sheet shall be made available online by the Department of Fair Employment and Housing. Each employer shall distribute this information sheet to its employees, unless the employer provides equivalent information to its employees that contains, at a minimum, components on the following:
(1) The illegality of sexual harassment.
(2) The definition of sexual harassment under applicable state and federal law.
(3) A description of sexual harassment, utilizing examples.
(4) The internal complaint process of the employer available to the employee.
(5) The legal remedies and complaint process available through the department.
(6) Directions on how to contact the department.
(7) The protection against retaliation provided by Title 2 of the California Code of Regulations for opposing the practices prohibited by this article or for filing a complaint with, or otherwise participating in an investigation, proceeding, or hearing conducted by, the department or the council.
(c) The information sheet or information required to be distributed to employees pursuant to subdivision (b) shall be delivered in a manner that ensures distribution to each employee, such as including the information sheet or information with an employee’s pay.
(d) Notwithstanding subdivisions (j) and (k) of Section 12940, a claim that the information sheet or information required to be distributed pursuant to this section did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in any action alleging sexual harassment. Conversely, an employer’s compliance with this section does not insulate the employer from liability for sexual harassment of any current or former employee or applicant.
(e) If an employer violates the requirements of this section, the department may seek an order requiring the employer to comply with these requirements.

SEC. 2.

 Section 12950.1 of the Government Code is amended to read:

12950.1.
 (a)  An employer having 50 or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees in California within six months of their assumption of a supervisory position. An employer covered by this section shall provide sexual harassment training and education to each supervisory employee in California once every two years. The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.
(b) An employer shall also include prevention of abusive conduct as a component of the training and education specified in subdivision (a).
(c) An employer shall also provide training inclusive of harassment based on gender identity, gender expression, and sexual orientation as a component of the training and education specified in subdivision (a). The training and education shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation, and shall be presented by trainers or educators with knowledge and expertise in those areas.

(c)

(d) The state shall incorporate the training required by subdivision (a) subdivisions (a) to (c), inclusive, into the 80 hours of training provided to all new supervisory employees pursuant to subdivision (b) of Section 19995.4, using existing resources.

(d)

(e) Notwithstanding subdivisions (j) and (k) of Section 12940, a claim that the training and education required by this section did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in any action alleging sexual harassment. Conversely, an employer’s compliance with this section does not insulate the employer from liability for sexual harassment of any current or former employee or applicant.

(e)

(f) If an employer violates this section, the department may seek an order requiring the employer to comply with these requirements.

(f)

(g) The training and education required by this section is intended to establish a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training and education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take all reasonable steps necessary to prevent and correct harassment and discrimination.

(g)

(h) (1) For purposes of this section only, “employer” means any person regularly employing 50 or more persons or regularly receiving the services of 50 or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities.
(2) For purposes of this section, “abusive conduct” means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.

SEC. 3.

 Section 12950.3 is added to the Government Code, to read:

12950.3.
 (a) For purposes of this section, “employer” means any person regularly employing 50 or more persons or regularly receiving the services of 50 or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities.
(b) An employer who contracts with the state shall provide at least two hours of classroom or other effective interactive training and education specified in subdivisions (a) and (c) of Section 12950.1.
(c) If an employer violates this section, the department may seek an order requiring the employer to comply with these requirements.

SECTION 1.Article 7.9 (commencing with Section 92685) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read:
7.9.California Medical Residency Training Pilot Program
92685.

This article shall be known, and may be cited, as the California Medical Residency Training Pilot Program.

92685.1.

(a)The Legislature finds and declares all of the following:

(1)Many immigrants come to the United States as children, and attend California public elementary and secondary schools, as well as California public and private colleges and universities.

(2)Despite the high cost of higher education and limited resources, with hard work, a strong spirit of determination, and the assistance of state laws that provide access to nonresident tuition exemptions, state financial aid, and graduate school admissions tests, these students are now able to attend, participate in, and graduate from, California colleges and universities.

(3)For our health care Dreamers, our state has also worked to ensure that undocumented students have access to advanced degrees and professional licenses.

(4)Under Senate Bill 1159 of the 2013–14 Regular Session (Chapter 752 of the Statutes of 2014), beginning in 2016, individuals who have met all requirements for licensure in a profession regulated by the Department of Consumer Affairs can apply to a health professional board for a professional license, regardless of immigration status, with an individual taxpayer identification number (ITIN). Expanded access to licensure helps California meet the cultural and linguistic needs of its diverse, newly insured, and medically underserved populations. Undocumented providers are uniquely positioned to serve these diverse and underserved communities.

(5)Senate Bill 1139 of the 2015–16 Regular Session (Chapter 786 of the Statutes of 2016), which took effect on January 1, 2017, also authorizes the use of the ITIN, which removes additional barriers for undocumented students pursuing medical degrees who work in medically underserved areas. In addition, the measure clarifies that undocumented students are eligible to participate in medical degree programs.

(6)Over the past 15 years, our state has understood the importance of a continued investment in immigrant children. However, barriers still exist. Today, some of our brightest and most dedicated students are not able to advance their educations enough to apply for a medical license, because they are unable to attend medical residency training programs. Despite that progress, our work is not done. The natural next step is to ensure that these young people can complete their professional training.

(7)Under the federal Patient Protection and Affordable Care Act, more Californians than ever are insured, many of whom have specific cultural and linguistic barriers to receiving care. In addition, many regions of the state continue to face service shortages of primary care providers. Specifically, there are currently 168 designated medically underserved areas in California, located across all 58 counties, and many are located in communities where a majority of patients are low income.

(8)Patients in medically underserved areas face significant challenges in attempting to access health care services. The limited resources and lack of specialty services in these communities lead to longer waiting times and longer journeys to appointments. Given the opportunity, health care Dreamers would be uniquely positioned to serve these diverse and underserved communities.

(b)The intent of this article is to enable undocumented medical students to apply for, and participate in, a medical residency program at the University of California.

92685.2.

On or before July 31, 2018, the Regents of the University of California are requested to develop and implement a California Medical Residency Training Pilot Program for students interested in training in California who meet requirements, adopted by the regents, that are equivalent to the exemption from paying nonresident tuition requirements in Section 68130.5. Except for students granted status pursuant to Section 1101(a)(15)(T) or (U) of Title 8 of the United States Code, this article shall not apply to a nonimmigrant alien within the meaning of paragraph (15) of subdivision (a) of Section 1101 of Title 8 of the United States Code, as that paragraph read on January 1, 2017.

92685.3.

(a)The regents are encouraged to ensure that the pilot program established pursuant to this article has, at minimum, all of the following components:

(1)Serves to identify eligible students to match with University of California medical institutions that are equipped to provide medical residency training.

(2)Establishes a process for admitted participants to receive grants, scholarships, and stipends while participating in the program.

(3)Adheres to existing state and national medical residency accreditation program standards.

(4)Provides medical residents the same quality and rigorous medical residency program available under the federal match program, including faculty supervision, training, and assessment.

(5)Provides participants comparable benefits provided to residents in the federal match program, including, but not limited to, medical insurance during their participation in the program.

(6)Prioritizes applicants who demonstrate an interest in serving medically underserved areas in California.

(7)Prioritizes applicants who are bilingual or multilingual.

(8)Ensures that all students described in Section 92685.2 may apply for, and participate in, the pilot program regardless of their immigration status and without violating Section 1324a of Title 8 of the United States Code.

(9)Requires, when mandatory disclosure of a social security number is required from an applicant to participate in the program, the applicant to provide his or her social security number, if one has been issued, or his or her individual tax identification number.

(b)The regents are encouraged to establish admissions and eligibility criteria, and procedures and forms that enable eligible students to apply for, and participate in, the pilot program.

92685.4.

Notwithstanding Chapter 3.5 (commencing with 6250) of Division 7 of Title 1 of the Government Code, information provided by the applicant for, or by the recipients of, a pilot program established pursuant to this article is not a public record and shall be used only to administer the grants, scholarships, fee waivers, or reimbursements, or as otherwise required by California law or state or federal court order. This provision does not prohibit the disclosure of aggregate data that does not reveal personal identifying information about the student.

92685.5.

(a)The California Medical Residency Training Program Fund is hereby created in the State Treasury. Moneys in the fund shall be used for any purpose authorized by this article upon appropriation by the Legislature.

(b)The California Medical Residency Training Program Fund may be funded by both private and public funds. Cash donations received pursuant to this subdivision shall be deposited into the fund and shall be made available immediately upon deposit and appropriation by the Legislature for any purpose authorized by this article.

(c)For the purpose of securing funding for the California Medical Residency Pilot Training Program, the regents may apply to receive funding from the Song-Brown Health Care Workforce Training Act established pursuant to Article 1 (commencing with Section 128200) of Chapter 4 of Part 3 of Division 107 of the Health and Safety Code, among other state funding programs.

SEC. 2.

The Legislature finds and declares that Section 1 of this act, which adds Article 7.9 (commencing with Section 92685) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act strikes the appropriate balance between the public’s right to access information about the conduct of their governmental agencies and the need to protect the personal information of private individuals who participate in a pilot program established by the Regents of the University of California pursuant to Article 7.9 (commencing with Section 92685) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code.

SEC. 3.

The Legislature finds and declares that Section 1 of this act, which adds Article 7.9 (commencing with Section 92685) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

This act strikes the appropriate balance between the public’s right to access information about the conduct of their governmental agencies and the need to protect the personal information of private individuals who participate in a pilot program established by the Regents of the University of California pursuant to Article 7.9 (commencing with Section 92685) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code.