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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Employment: discrimination.

Sponsorship: Partisan Bill (Democrat 7)

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

Download: California-2009-AB793-Introduced.html

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BILL NUMBER: AB 793	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Jones and Brownley
   (Coauthors: Assembly Members Lieu and Saldana)

                        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, as introduced, 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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, a complainant may
challenge similar or related instances of unlawful employment
practices occurring after the administrative complaint has been filed
without the necessity of filing another administrative complaint.
   (c) 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.