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SB-419 Legislature: Legislative Sexual Harassment Retaliation Prevention Act.(2017-2018)

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Date Published: 01/11/2018 09:00 PM
SB419:v95#DOCUMENT

Amended  IN  Senate  January 11, 2018
Amended  IN  Senate  January 04, 2018
Amended  IN  Senate  April 17, 2017
Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 419


Introduced by Senator Senators Portantino and Leyva
(Coauthors: Senators Atkins, Beall, De León, Dodd, Galgiani, Hill, McGuire, Roth, Stern, and Wiener)

February 15, 2017


An act to add Article 12 (commencing with Section 9149.38) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, relating to the Legislature. Legislature, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 419, as amended, Portantino. Legislature: Legislative Sexual Harassment Retaliation Prevention Act.
Existing law, the California Fair Employment and Housing Act (FEHA), protects and safeguards the right and opportunity of all persons to generally seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of sex, gender, gender identity, gender expression, or sexual orientation, among other enumerated protected categories. Existing law also precludes an employer, labor organization, employment agency, or person from discharging, expelling, or otherwise discriminating against any person because the person has opposed any practices forbidden under FEHA or because the person has filed a complaint, testified, or assisted in any FEHA proceeding.
Existing law, the Unruh Civil Rights Act, states that all people in California are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, no matter their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law establishes a cause of action for violations of that act. Existing law also separately establishes liability for sexual harassment if a plaintiff proves specified elements, including, among other things, that there is a business, service, or professional relationship between the plaintiff and defendant.
This bill would declare as a statement of existing law that neither house of the Legislature may retaliate against a legislative advocate or employee, as defined, because that person has opposed any practices forbidden under FEHA, the above provisions, or filed a complaint, testified, or assisted in any proceeding relating to a complaint of harassment under FEHA. those provisions. This bill would also require each house of the Legislature to maintain a record of each harassment complaint made to that house on or after January 1, 2019, for a period of at least ten years after the complaint is made.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Article 12 (commencing with Section 9149.38) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read:
Article  12. Legislative Sexual Discriminatory Harassment Retaliation Prevention Act

9149.38.
 This article shall be known and may be cited as the Legislative Sexual Discriminatory Harassment Retaliation Prevention Act.

9149.39.
 For purposes of this article, the following terms have the following meanings:
(a) “Harassment” “Discriminatory harassment” means sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. harassment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
(b) “Legislative advocate” means an individual whose principal duties as an employee are to communicate activities include communicating directly or through his or her agents with a Member of the Legislature, or any officer or employee thereof, for the purpose of influencing legislative action.
(c) “Legislative employee” means an individual, other than a Member of the Legislature, who is, or has been, employed by either house of the Legislature. “Legislative employee” includes volunteers, interns, fellows, and applicants.

9149.40.
 A house of the Legislature shall not discharge, expel, or otherwise discriminate against a legislative advocate or a legislative employee because that person has opposed any practices forbidden under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3), opposed any practice actionable under Section 51 or 51.9 of the Civil Code, or filed a complaint, testified, or assisted in any proceeding relating to a complaint of discriminatory harassment made pursuant to that act. This section is declarative of existing law. those laws.

9149.41.
 Each house of the Legislature shall implement a system to maintain a record of each discriminatory harassment complaint made to that house on or after January 1, 2019, for a period of at least ten 12 years after the complaint is made.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To enable victims and witnesses of discriminatory harassment to come forward as soon as possible without fear of retaliation, it is necessary that this bill take effect immediately.