SB 218 California Senate · 2019-2020 Regular Session

Employment: discrimination enforcement: local government.

Summary
(1) The California Fair Employment and Housing Act (FEHA) prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Department of Fair Employment and Housing, including authorizing the department to accept complaints alleging violations of FEHA. Under FEHA, it is the intention of the Legislature that FEHA occupy the field of regulation of discrimination in employment, but that FEHA not limit or restrict the application of the Unruh Civil Rights Act. The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. This bill, among other things, would revise that preemption and authorize the legislative body of a local government, located within the County of Los Angeles, to enact a local antidiscrimination ordinance relating to employment, including establishing remedies and penalties for violations. The bill would authorize a local government to create a local agency to enforce local antidiscrimination laws (local enforcement agency) . The bill would additionally authorize a local government to designate a local enforcement agency to act as a fair employment practice agency (FEPA) if that local enforcement agency agrees to accept all charges of employment discrimination that would be accepted by the federal government, subject to requirements described below. The bill would authorize a local enforcement agency to perform certain administrative, investigative, and enforcement actions, including the award of the full scope of remedies available under FEHA and any remedies available under the local antidiscrimination ordinance. The bill would require that the local agency establish a specified internet website and publish an annual report relating to complaints accepted. The bill would authorize a party to seek judicial review of an agency's binding determination under these provisions. This bill would deem a complaint filed with the local agency to also be a complaint under FEHA, except as specified. The bill would require the department to coordinate with a local enforcement agency to establish a specified filing relationship that allows the agency to accept complaints under FEHA. The bill would authorize an individual to file a complaint with both a local enforcement agency and the department, but would provide that initially filing a complaint with the department extinguishes a complainant's right to file a complaint based on the same allegations with a local enforcement agency under a local antidiscrimination ordinance. The bill would require the department to notify a complainant of their right to dual file and of that extinguishment. (2) The federal Equal Employment Opportunity Commission (EEOC) works with various states' fair employment practice agencies to manage charges of discrimination under federal, state, and local laws. This bill would require a local enforcement agency that has been designated as a FEPA to enter into a work sharing agreement with the EEOC, as specified, to provide for dual filing at the federal and local level. The bill would require a local enforcement agency that is not designated as a FEPA to help facilitate the filing of a complaint at the federal level. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2019
Committee Review
Aug 2019
Senate Passage
May 2019
Assembly Passage
Sep 2019
Vetoed
Jan 2020
Introduced Feb 6, 2019 Vetoed Jan 13, 2020
Floor votes · Senate May 21, 2019 · Assembly Sep 14, 2019

How they voted

29–5
Passed · 1 other
Total votes 35
May 21, 2019
D Democratic27
27 Yea
100% Yea
R Republican8
2 Yea 5 Nay 1
62% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
32
Key actions
10
Committee
7
Amendments
4
Jan 13, 2020
Vetoed
Veto sustained.
upper
Oct 12, 2019
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Oct 12, 2019
Vetoed
Vetoed by the Governor.
upper
Sep 14, 2019
Upper · Passed
Assembly amendments concurred in. (Ayes 33. Noes 0. Page 2960.) Ordered to engrossing and enrolling.
upper
Sep 14, 2019
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 14, 2019
Lower · Passed
Read third time. Passed. (Ayes 50. Noes 17. Page 3581.) Ordered to the Senate.
lower
Sep 6, 2019
Lower · Passed
Read third time and amended.
lower
Sep 3, 2019
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 30, 2019
Lower · Passed
From committee: Do pass as amended. (Ayes 13. Noes 4.) (August 30).
lower
Jul 9, 2019
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (July 9).
lower
Jun 27, 2019
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 26). Re-referred to Com. on JUD.
lower
Jun 13, 2019
Committee
Referred to Coms. on L. & E. and JUD.
lower
May 21, 2019
Upper · Passed
Read third time. Passed. (Ayes 30. Noes 6. Page 1183.) Ordered to the Assembly.
upper
May 16, 2019
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 0. Page 1093.) (May 16).
upper
Apr 24, 2019
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 797.) (April 23).
upper
Feb 13, 2019
Committee
Referred to Com. on JUD.
upper
Feb 6, 2019
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Steve Bradford
Steve Bradford
DDemocratic
CA
35