Bill Text: CA SB1340 | 2023-2024 | Regular Session | Introduced

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

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Bill Title: Discrimination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled) 2024-09-10 - Enrolled and presented to the Governor at 4 p.m. [SB1340 Detail]

Download: California-2023-SB1340-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1340

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Introduced by Senator Smallwood-Cuevas

February 16, 2024

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An act to amend Section 12993 of, and to add Article 1.1 (commencing with Section 12978) to Chapter 7 of Part 2.8 of Division 3 of Title 2 of, the Government Code, relating to civil rights.

LEGISLATIVE COUNSEL'S DIGEST

SB 1340, as introduced, 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 (department).

This bill would require the department, in collaboration with the Division of Labor Standards Enforcement, to develop partnerships with local agencies that allow local agencies to assist with preventing and eliminating unlawful practices under the act, as specified. The bill would require a local agency that pursues a complaint pursuant to these provisions to receive, investigate, and adjudicate the complaint using procedures that are substantially similar to the procedures described above within one year of the complaint being filed with the local agency. The bill would authorize a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the department that requests that the complaint be pursued by a local agency pursuant to these provisions. The bill would prescribe procedures of a complaint pursued by a local agency. The bill would require the department to include information about local agencies entering partnerships and complaints being processed by local agencies pursuant to these provisions, as specified. The bill would define various terms for these purposes.

Existing law specifies that while it is the intention of the Legislature that the act occupy the field of regulation of discrimination in employment and housing, the act does not limit or restrict the application of the Unruh Civil Rights Act.

This bill would, commencing on January 1, 2026, 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, provided that the enforcement complies with the provisions described above.

Digest Key

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

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Bill Text

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

SECTION 1.

 Article 1.1 (commencing with Section 12978) is added to Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read:

Article  1.1. Local Agency Enforcement of Unlawful Practices

12978.

 For purposes of this article, the following definitions apply:

(a) “Article 1” means Article 1 (commencing with Section 12960).

(b) “Local agency” means a city, county, city and county, or other political subdivision of the state.

(c) “Unlawful practice” means a violation of Article 1 (commencing with Section 12940) of Chapter 6.

12978.2.

 (a) The department, in collaboration with the Division of Labor Standards Enforcement, shall develop partnerships with local agencies that allow local agencies to assist with preventing and eliminating unlawful practices.

(b) The department shall not enter into a partnership with a local agency until the local agency demonstrates to the department’s satisfaction that the local agency has the capacity to comply with subdivision (c).

(c) A local agency that pursues a complaint pursuant to this article shall receive, investigate, and adjudicate the complaint using procedures that are substantially similar to those described in Article 1 within one year of the complaint being filed with the local agency.

12978.4.

 (a) A person claiming to be aggrieved by an alleged unlawful practice may file a verified complaint with the department on a form developed by the department for purposes of this article that requests that the person’s complaint be pursued by a local agency pursuant to this article.

(b) Within five business days of receiving a complaint described in subdivision (a), the department shall issue a letter to the complainant that authorizes the complainant to pursue the complaint through a local agency that has entered into a partnership pursuant to Section 12978.2.

(c) A complainant who receives a letter pursuant to subdivision (b) shall pursue their complaint with the local agency through procedures prescribed by the local agency within one year of receipt of the letter.

(d) Prior to initiating a review of a complaint, a local agency shall require the complainant to provide evidence that the complainant received a letter described in subdivision (b).

12978.6.

 (a) (1) If a local agency determines that a complainant is not entitled to relief, the local agency shall provide written notice of both of the following:

(A) The decision denying relief.

(B) Any applicable statute of limitations for the complainant to seek relief pursuant to Article 1 or a private right of action.

(2) A complainant who receives notice pursuant to paragraph (1) may pursue a complaint pursuant to Article 1 or a private right of action within six months of the local agency’s determination.

(3) If a complainant pursues a complaint pursuant to Article 1 or a private right of action as described in paragraph (2), the local agency’s determination shall not be binding on the department or the superior court.

(b) (1) A respondent may appeal a local agency’s determination that a respondent engaged in an unlawful practice in a superior court in a manner that is substantially similar to an appeal of a decision made pursuant to Article 1.

(2) If a respondent is unsuccessful in an appeal brought pursuant to paragraph (1), the superior court may award reasonable attorney’s fees and costs to the local agency.

12978.8.

 (a) A complainant shall not be required to pursue a complaint pursuant to Article 1 before pursuing a complaint pursuant to this article.

(b) A complainant shall not be required to pursue a complaint pursuant to this article before pursuing a complaint pursuant to Article 1.

(c) A complainant shall not pursue a complaint pursuant to this article and pursuant to Article 1 simultaneously.

(d) If a complainant pursues a complaint with a local agency pursuant to this article, the complainant shall not pursue a complaint arising out of the same underlying facts and circumstances in a different local agency at any time thereafter.

(e) If a complainant pursues a complaint pursuant to Article 1, the complainant shall not pursue a complaint arising out of the same underlying facts and circumstances pursuant to this article at any time thereafter.

(f) If a local agency determines that a complainant is entitled to relief, a complainant shall not pursue a complaint arising out of the same underlying facts and circumstances pursuant to Article 1 at any time thereafter.

12978.10.

 The department shall include in the annual report required by subdivision (k) of Section 12930 all of the following information:

(a) A list of the local agencies that have entered into partnerships pursuant to Section 12978.2.

(b) The number of complaints processed by local agencies pursuant to this article that year.

(c) A summary of the results of the cases processed by local agencies pursuant to this article that year.

SEC. 2.

 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. 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) While it (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, this part does not limit or restrict the application of Section 51 of the Civil Code. state.

(2) Notwithstanding paragraph (1), this part does not limit or restrict the application of Section 51 of the Civil Code.

(3) 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, provided that the enforcement complies with Article 1.1 (commencing with Section 12978) of Chapter 7.

(d) The amendments made by the act adding this subdivision shall become operative on January 1, 2026.