Bill Text: CA SB242 | 2009-2010 | Regular Session | Enrolled

California Senate Bill 242 (Prior Session Legislation)

Bill Title: Civil rights: language restrictions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB242 Detail]

Download: California-2009-SB242-Enrolled.html

BILL NUMBER: SB 242	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 2, 2009
	PASSED THE ASSEMBLY  AUGUST 20, 2009
	AMENDED IN ASSEMBLY  JULY 14, 2009

INTRODUCED BY   Senator Yee

                        FEBRUARY 24, 2009

   An act to add Section 51.15 to the Civil Code, relating to civil
rights.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 242, Yee. Civil rights: language restrictions.
   The Unruh Civil Rights Act generally prohibits business
establishments from discriminating on the basis of sex, race, color,
religion, ancestry, national origin, disability, or medical
condition. The act provides civil remedies for violations of its
provisions. Under the California Fair Employment Housing Act, it is
an unlawful employment practice for an employer to adopt or enforce a
policy that prohibits the use of any language in the workplace,
except if that policy is justified by business necessity, as defined,
and prescribed notice of the policy and consequences for violation
of the policy is given to employees.
   This bill would make it a violation of the Unruh Civil Rights Act
to adopt or enforce a policy that requires, limits, or prohibits the
use of any language in or with a business establishment, unless the
policy is justified by a business necessity, as defined, and
notification has been provided of the circumstances and the time when
the language restriction or requirement is to be observed and of the
consequences for its violation. The bill would define business
necessity to require, among other things, that the language
restriction or requirement is necessary for the safe and efficient
operation of the business and that an equally effective, but less
discriminatory, alternative practice does not exist. The bill would
provide for an award of damages, and attorney's fees as may be
determined by the court, for a violation of its provisions.


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

  SECTION 1.  Section 51.15 is added to the Civil Code, to read:
   51.15.  (a) It is a violation of Section 51 to adopt or enforce a
policy that requires, limits, or prohibits the use of any language in
or with a business establishment, unless both of the following
conditions exist:
   (1) The language restriction or requirement is justified by a
business necessity. For purposes of this section, "business necessity"
means an overriding legitimate business purpose for which all of the
following are true:
   (A) The language restriction or requirement is necessary for the
safe and efficient operation of the business.
   (B) The language restriction or requirement effectively fulfills
the business purpose it is supposed to serve.
   (C) An alternative practice to the language restriction or
requirement that would accomplish the business purpose equally well
with a lesser discriminatory impact does not exist.
   (2) Notification has been provided of the circumstances and the
time when the language restriction or requirement is required to be
observed and of the consequences for its violation.
   (b) In an action pursuant to this section, remedies shall be
awarded as provided in subdivision (a) of Section 52.
   (c) Nothing in this section shall be construed to impose a duty on
any business establishment to provide customer service in a
particular language unless that duty is otherwise required by law.
   (d) The prohibitions and defenses under this section are in
addition to any other prohibitions and defenses under any other
section or other law, and the rights and remedies provided by this
section may be enforced independently of any other rights or
remedies.
   (e) Nothing in this section shall be construed to alter, limit, or
negate application of any other remedies or rights provided under
Section 51 or any other law.
   (f) This section does not apply to policies or rules regarding the
employment relationship between a business establishment and its
employees.