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SB-491 Civil rights: discrimination: enforcement.(2017-2018)

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Date Published: 03/27/2017 09:00 PM
SB491:v98#DOCUMENT

Amended  IN  Senate  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 491


Introduced by Senator Bradford

February 16, 2017


An act to amend Section 153 of the Labor Code, 12993 of the Government Code, relating to employment. civil rights.


LEGISLATIVE COUNSEL'S DIGEST


SB 491, as amended, Bradford. Labor statistics and research. Civil rights: discrimination: enforcement.
The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases.
The California Fair Employment and Housing Act prohibits discrimination in housing and employment on specified bases.
Existing law specifies that while it is the intent of the Legislature that the California Fair Employment and Housing Act occupy the field of regulation of discrimination in employment and housing, nothing in the act shall be construed to limit or restrict the application of the Unruh Civil Rights Act.
This bill would also specify that nothing in the California Fair Employment and Housing Act shall be construed to limit or restrict efforts by local entities to enforce state law prohibiting discrimination against classes of persons covered by the act in employment and housing.

Under existing law, the Department of Industrial Relations collects, compiles, and presents facts and statistics relating to the condition of labor in the state. Existing law provides that, except as specified, no use shall be made in the department’s reports of the names of persons supplying information, and makes any agent or employee of the department who violates this provision guilty of a misdemeanor.

This bill would also prohibit the use of the identities of persons supplying information to the department.

Because the bill would expand the definition of a crime, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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


SECTION 1.

 Section 12993 of the Government Code is amended to read:

12993.
 (a) The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. Nothing contained in this part shall be deemed to repeal any of the provisions of the Civil Rights Law or of any other law of this state relating to discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, or sexual orientation, unless those provisions provide less protection to the enumerated classes of persons covered under this part.
(b) Nothing contained in this part relating to discrimination in employment on account of sex or medical condition shall be deemed to affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan, provided the terms or conditions are in accordance with customary and reasonable or actuarially sound underwriting practices.
(c) While it is the intention of the Legislature to occupy the field of regulation of discrimination in employment and housing encompassed by the provisions of this part, exclusive of all other laws banning discrimination in employment and housing by any city, city and county, county, or other political subdivision of the state, nothing contained in this part shall be construed, in any manner or way, to limit or restrict the application of Section 51 of the Civil Code. Code, or to limit or restrict efforts by any city, city and county, county, or other political subdivision of the state to enforce state law prohibiting discrimination against any of the enumerated classes of persons covered under this part in employment and housing.

SECTION 1.Section 153 of the Labor Code is amended to read:
153.

Except as provided in Section 151 no use shall be made in the statistical or other reports prepared pursuant to this chapter of the names or identities of persons supplying the information required under this code. Any agent or employee of the department who violates this section is guilty of a misdemeanor.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.