BILL NUMBER: SB 242	AMENDED
	BILL TEXT

	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, as amended, 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  language  
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  to
  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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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  limits  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  to   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.  
   (c) 
    (e)  Nothing in this section shall be construed to
 limit   alter, limit, or negate 
application of any other remedies or rights provided under 
the  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.