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SB-16 Civil rights: discrimination: enforcement.(2023-2024)

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Date Published: 05/19/2023 10:57 AM
SB16:v97#DOCUMENT

Amended  IN  Senate  May 18, 2023
Amended  IN  Senate  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 16

Introduced by Senator Smallwood-Cuevas

December 05, 2022

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


LEGISLATIVE COUNSEL'S DIGEST


SB 16, as amended, Smallwood-Cuevas. 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 (act) prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Civil Rights Department. Existing law specifies that while it is the intent of the Legislature that the 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 would, commencing on January 1, 2025, also specify that nothing in the 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, provided that the enforcement complies with regulations governing local enforcement of the act that the bill would require the Civil Rights Department to promulgate by____. The bill would require those regulations, at a minimum, to ensure consistent application of employment and housing discrimination laws across the state, protect complainants against inadvertent loss of federal or state legal claims, and avoid duplication of investigatory work. work, and minimize any possible loss of federal funding for the Civil Rights Department’s work.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12993 of the Government Code, as amended by Section 9 of Chapter 630 of the Statutes of 2022, is amended to read:

12993.
 (a) The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. This part does not repeal any of the provisions of 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, reproductive health decisionmaking, or sexual orientation, unless those provisions provide less protection to the enumerated classes of persons covered under this part.
(b) The provisions in this part relating to discrimination in employment on account of sex or medical condition do not 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) (1) 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.
(2) Notwithstanding paragraph (1), this part does not limit or restrict the application of Section 51 of the Civil Code.
(3) (A) Notwithstanding paragraph (1), this part does not 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, provided that the enforcement complies with the regulations promulgated pursuant to subparagraph (B).
(B) Pursuant to its authority under subdivision (e) of Section 12930, the department shall promulgate regulations governing local enforcement of state law prohibiting discrimination against any of the enumerated classes of persons covered under this part in employment and housing by____. The regulations shall, at a minimum, do all of the following:
(i) Ensure consistent application of employment and housing discrimination laws across the state.
(ii) Protect complainants against inadvertent loss of federal or state legal claims.
(iii) Avoid duplication of investigatory work.
(iv) Minimize any possible loss of federal funding for the department’s work.
(d) The amendments made by the act adding this subdivision shall become operative on January 1, 2025.