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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