Bill Text: CA AB793 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Employment: discrimination.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB793 Detail]

Download: California-2009-AB793-Enrolled.html

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BILL NUMBER: AB 793	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  MAY 18, 2009
	AMENDED IN ASSEMBLY  APRIL 29, 2009

INTRODUCED BY   Assembly Members Jones and Brownley
   (Coauthors: Assembly Members Evans, Feuer, Lieu, and Saldana)
   (Coauthor: Senator Leno)

                        FEBRUARY 26, 2009

   An act to add Section 355.5 to the Code of Civil Procedure,
relating to employment discrimination.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 793, Jones. Employment: discrimination.
   Existing law contains provisions that define unlawful
discrimination and employment practices and establish procedures for
an employee who has suffered discrimination or other unlawful
practices, as defined, to file a complaint with the Fair Employment
and Housing Department, or under certain circumstances, to bring a
civil action against his or her employer.
   This bill would specify when a cause of action for unlawful
discrimination or unlawful employment practice with respect to
compensation accrues for determining whether a complaint was filed
within statutory deadlines.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 355.5 is added to the Code of Civil Procedure,
to read:
   355.5.  (a) For the purpose of filing a claim or complaint for any
unlawful employment practice with respect to compensation,
including, but not limited to, discrimination claims and Labor Code
violations, a cause of action accrues when any of the following
occurs:
   (1) A compensation decision or other practice is adopted.
   (2)  An individual becomes subject to a compensation decision or
other practice.
   (3)  An individual is affected by the application of a
compensation decision or other practice, including each time when
wages, benefits, or other compensation is paid, resulting in whole or
in part from the compensation decision or other practice.
   (b)  When an administrative complaint is filed, liability may
accrue and an aggrieved person may obtain relief where the unlawful
employment practices that have occurred during the applicable
administrative complaint filing period are similar or related to
unlawful employment practices with regard to compensation that
occurred outside the time for filing an administrative complaint.
   (c) Nothing in this section is intended to change current law
treatment of when pension distributions are considered paid.
   (d) With regard to any complaint under any law, nothing in this
section is intended to preclude or limit an aggrieved person's right
to introduce evidence of an unlawful employment practice that has
occurred outside the time for filing a charge of discrimination.
   (e) This section does not impose a substantive change in the acts
or omissions that constitute an unlawful employment practice with
respect to compensation. It is the intent of the Legislature in
enacting this section to construe and clarify the meaning and effect
of existing law and to reject the interpretation given to federal law
by the United States Supreme Court in Ledbetter v. Goodyear Tire &
Rubber Co. (2007) 550 U.S. 618. This section shall apply to claims
pending on or after the effective date of this section. It is not
intended to revive claims that have lapsed as of the effective date
of this section.