BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 196| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 196 Author: Leno (D), et al Amended: 3/26/03 in Assembly Vote: 21 SENATE JUDICIARY COMMITTEE : 5-2, 6/17/03 AYES: Escutia, Cedillo, Ducheny, Kuehl, Sher NOES: Morrow, Ackerman SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 42-34, 4/21/03 - See last page for vote SUBJECT : Gender discrimination SOURCE : California Alliance for Pride and Equality DIGEST : This bill imports the definition of gender from hate crimes statutes that prohibit violence against any person on the grounds of gender or perceived gender into the Fair Employment and Housing Act (FEHA), thereby extending the FEHA prohibition against discrimination to that based on perceptions of an individual's gender, regardless of whether the perceived gender characteristics are different from those traditionally associated with the individual's sex at birth. This bill permits employers to require employees to adhere to reasonable workplace appearance and standards consistent with state or federal law, provided that employees are allowed to appear or dress consistently with their gender CONTINUED AB 196 Page 2 identity. ANALYSIS : Existing law, FEHA, prohibits employment and housing discrimination based on sex and sexual orientation, as well as race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or age, as those terms are defined. Existing law defines prohibited acts of discrimination to include the firing of or refusal to hire an individual based on the individual's sex, harassing an individual based on their sex, refusing to sell or rent housing to an individual based on their sex, and setting terms of lending for an individual based on their sex. Existing law defines "sex" as including, but not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, and "sexual orientation" as heterosexuality, homosexuality, and bisexuality. Existing law defines "gender," for purposes of the hate crimes statutes prohibiting violence against another or to interfere with another's exercise of civil rights, as the victim's actual sex or the defendant's perception of the victim's sex, and includes the defendant's perception of the victim's identity, appearance, or behavior, whether or not that identity, appearance or behavior is different from that traditionally associated with the victim's sex at birth. This bill provides that for the purposes of FEHA, the term "sex" shall include a person's gender, as that term is defined in Penal Code Section 422.76. This bill permits an employer to require an employee to adhere to reasonable workplace appearance, grooming and dress standards not precluded by state or federal law, provided the employee is allowed to appear or dress consistently with the employee's gender identity. Prior Legislation AB 1649 (Golderg), 2000-01 Session . Died on the Senate AB 196 Page 3 Inactive File. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 7/14/03) California Alliance for Pride and Equality (source) Lieutenant Governor Cruz Bustamante AIDS Project East Bay AIDS Project Los Angeles AIDS Legal Referral Panel Alice B. Toklas Lesbian Gay Bisexual Transgender Democratic Club American Civil Liberties Union American Federation of State, County and Municipal Employees, AFL-CIO Anti-Defamation League Bay Area Lawyers for Individual Freedom Billy DeFrank Lesbian Gay Bisexual Transgender Community Center of Silicon Valley Board of Supervisors, City and County of San Francisco Bunny Inc. California Apartment Association California Chapter of the National Association of Social Workers California Church Impact, Public Policy Coordinator California Commission on the Status of Women California Independent Public Employees Legislative Council California Labor Federation California Independent Public Employees Legislative Council California Professional Firefighters California National Organization for Women California School Employees Association California State Employees Association California Teachers Association California Women's Law Center Catholic War Veterans of the United States, Coachella Valley Chapter Charles Zukow Associates Chinese for Affirmative Action City of San Francisco City of Santa Cruz Donordigital AB 196 Page 4 East Bay Community Law Center Eleanor Roosevelt Democratic Club Elections Committee of the County of Orange Equal Rights Advocates Eviction Defense Collaborative Friends Committee on Legislation FTM International Gay-Straight Alliance Network Golden Gate Business Association Greater San Diego Business Association Harvey Milk Lesbian Gay Bisexual Transgender Democratic Club Housing California Housing Rights Committee of San Francisco Human Rights Campaign Human Rights/Fair Housing Commission of the City and County of Sacramento Human Rights Commission of the City and County of San Francisco Lambda Legal Lambda Letters Project L.A. Gay and Lesbian Center Mexican American Legal Defense and Education Fund Mossinger Consulting National Center for Lesbian Rights National Gay and Lesbian Task Force National Transgender Advocacy Coalition New Leaf Services For Our Community Northern California Nevada Conference of the United Church of Christ Olivia Cruises and Resorts Orange County Transgender Taskforce SAF-T Corporation San Diego TransFamily Santa Barbara Women's Political Committee San Francisco Tenants Union Senior Housing Action Collaborative Service Employees International Union Southern California HIV Advocacy Coalition Southern California Nevada Conference United Church of Christ Spectrum Magazine Stonewall Democratic Club of Greater Sacramento The Center San Diego County AB 196 Page 5 The Legal Aid Society The "Ministry In Action Commission" of St. Mark's United Methodist Church Toltec Center of Creative Intent Transgender Law Center Women's Employment Rights Clinic of Golden Gate University Woodenship Several individuals OPPOSITION : (Verified 7/14/03) California Chamber of Commerce California Employment Law Council California Manufacturers & Technology Association Committee on Moral Concerns Eagle Forum of California Irvine Chamber of Commerce Traditional Values Coalition Women Volunteer in Politics Several individuals ARGUMENTS IN SUPPORT : According to the sponsor, "[d]iscrimination is wrong and hurts all Californians, especially when it is based on characteristics like gender identity or expression that have nothing to do [with] one's qualifications as an employee or a tenant. This bill will provide protection to those who are fired, evicted, or harassed every day because they exhibit traits not stereotypically associated with their sex at birth. Such traits may include a person's personality, clothing, hairstyle, speech, mannerisms, or demeanor; they may also include a person's characteristics such as vocal pitch, facial hair, or the size and shape of a person's body. This will protect men who are seen as "too feminine" and women perceived as "too masculine." ARGUMENTS IN OPPOSITION : The Chamber of Commerce, for example, contends that importing the definition of gender from the Penal Code into the workplace "would make almost any comment, look, or action between workers a potential prohibited act protected under FEHA. This bill would be especially onerous for employers because regulating the workplace is significantly different than the hate crime situations under which this definition was developed." AB 196 Page 6 They cite the fact that the workplace is already highly regulated and employee protection from physical violence is already covered under the Labor Code. Further, they state, the elements of evidence necessary to successfully prosecute under the Penal Code is significantly more stringent than FEHA. Lastly, the Traditional Values Coalition contends that "transgendered school teachers and employees could have a detrimental effect on a student's natural gender identity. This bill seeks to challenge the norms of society through the force of law." ASSEMBLY FLOOR : AYES: Berg, Bermudez, Calderon, Canciamilla, Chan, Chavez, Chu, Cohn, Corbett, Diaz, Dutra, Dymally, Firebaugh, Frommer, Goldberg, Hancock, Jackson, Kehoe, Koretz, Laird, Leno, Levine, Lieber, Liu, Longville, Lowenthal, Montanez, Mullin, Nation, Negrete McLeod, Nunez, Oropeza, Pavley, Ridley-Thomas, Salinas, Simitian, Steinberg, Vargas, Wiggins, Wolk, Yee, Wesson NOES: Aghazarian, Bates, Benoit, Bogh, Campbell, Cogdill, Correa, Cox, Daucher, Dutton, Harman, Haynes, Shirley Horton, Houston, Keene, La Malfa, La Suer, Leslie, Maddox, Maldonado, Maze, McCarthy, Mountjoy, Nakanishi, Pacheco, Parra, Plescia, Reyes, Richman, Runner, Samuelian, Spitzer, Strickland, Wyland RJG:cm 7/14/03 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****