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The 2000 California
Legislative Session
Over the last state legislative
term, Equal Rights Advocates tracked and worked on a number
of bills in the California legislature relating to affirmative
action, family and medical leave, welfare, sexual harassment,
race discrimination, sex discrimination in education, and
gender-based discrimination. As they say, thereÕs some good
news, some so-so news and some bad news on the legislative
front. Here are some of the highlights:
The Good News:
- Governor Davis signed AB 1856 (Kuehl),
a law that allows targets of sexual harassment to directly
sue their harassers under the Fair Employment and Housing
Act, creating personal liability for co-worker sexual harassment.
Equal Rights Advocates is very interested in this new development
in sexual harassment law, and we look forward to developing
the caselaw in California courts.
-
Workplace rights for survivors
of domestic violence were expanded. AB 2357
(Honda), signed by the governor, requires employers
to refrain from retaliating against employees who take
time off work to go to a domestic violence program, get
psychological counseling, obtain medical attention, or
to participate in safety planning. This new law adds protections
to current law, which already allows employees to take
time off to seek judicial remedies to protect their health
and safety or the health and safety of their families.
The So-So News:
-
“Driving
While Black/Brown” was one of the biggest issues
this term, and it ended up with Davis signing SB 1102
(Murray), a compromise bill that does little
to address the fundamental problems of racial profiling.
While the law is a step forward against racial profiling,
we believe this statute should have been much stronger.
The new law makes racial profiling illegal, even though
it is already illegal; provides for officer training in
racial profiling; and provides that the state will collect
racial profiling data from those police departments who
have a voluntary data collection program.
The Bad News:
-
Governor Davis disappointed
family and medical leave advocates when he vetoed SB
1149 (Hayden), which would have extended family leave
rights to grandparents, siblings and domestic partners.
This bill, originally introduced by Senator Speier, contained
different provisions, which ERA also supported. The original
bill would have required businesses of 20 or more employees,
instead of the current 50 or more employees, to allow
employees to take family leave. ERAÕs New Voices fellow,
Stephanie Bornstein, will continue to advocate for expanded
family leave on a state-wide level.
-
Governor Davis missed an
opportunity to ameliorate the frightening effects of Proposition
209. He vetoed SB 2047 (Polanco), which would have
allowed state agencies to do targeted outreach to women
and minorities if those groups were underrepresented in
entry-level positions or in educational institutions.
The bill would also have mandated reporting, by ethnicity
and gender, of each state agencyÕs contractors.
|
ISSUE |
BILL |
OUTCOME |
|
Sexual
Harassment |
AB
1856 (Kuehl) Holds co-workers
personally responsible for sexual harassment. |
Signed |
|
WORKPLACE RIGHTS
|
AB
2357 (Honda) Entitles employees who are victims
of domestic violence to unpaid leave for activities
necessitated by a domestic violence situation, such
as seeking medical attention, counseling, or shelter.
|
Signed
|
| SB
1149 (Hayden) Expands the definition of “family
under CFRA to allow coverage of domestic partners,
roommates and relatives. |
Signed
|
|
Sex
Discrimination |
AB
2142 (Keeley) Provides
that, under FEHA, “sex” also includes
“gender,” to mean the actual sex or
perceived sex of the person discriminated against. |
Died in committee,
may be re-introduced next term |
|
WAGE
& HOUR LAW |
AB
2509 (Steinberg) Omnibus
wage and hour bill. |
Signed |
|
AB 2509 (Steinberg) Expands
liability for employers who pay employees with
check that bounce; expands employees’ rights
to collect attorneys’ fees in actions brought
for wage violations; requires employers to disclose
piece-rate compensation rate; expands employees
rights to keep tips. |
Signed
|
|
Race
Issues |
SB
1102 (Murray) Makes
racial profiling illegal; Requires peace officers
to participate in expanded training which will
include an examination of patterns and practices
involving racial profiling; Requires the state
to collect racial profiling data from those police
departments who have a voluntary data collection
program. |
Signed |
|
WELFARE
|
SB
43 (Johnston) Implements the federal Workforce
Investment Board, requiring the establishment of
a state-level governing body, state oversight procedures,
funding mechanisms fir employment training projects,
and establishment of a local service delivery model.
|
Signed
|
| SB
1421 (Solis) Provides an Earned Income Tax Credit
in an amount equal to 15% of the earned income credit
allowed by federal law. |
Died in committee,
may be re-introduced next term
|
| AB
1233 (Aroner) Allows counties to offer grant based
on the job training to CalWORKS recipients.
|
Signed |
|
Affirmative
Action |
SB 2047 (Polanco)
Makes a legislative finding that the prohibitions
on “preferential treatment” under
Prop 209 do not prevent governmental agencies
from engaging in outreach and recruitment programs
for minority groups and women if any group is
underrepresented in entry level positions, an
educational institution or for state contractors.
Reinstates data collection on the race and gender
make-up of state contractors and state agency
employees. |
Vetoed
|
|
Gender
Equity in Education |
AB 908 (Alquist) Establishes
gender equity training for teachers, in order
to address issues relating to girls’ performance
in math, science and technology.
|
Signed |
SB
1618 (O’Connell)
Extends statutory authorization for the California
Interscholastic Federation (CIF) to January 1, 2002.
The CIF administers inter-scholastic athletic activities
in high schools, and must comply with state and
federal sex equity laws with regard to those activities.
|
Signed
|
|
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