BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 1001
                                                          Page  1

Date of Hearing:   April 14, 1999

    ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT 
                      Alan Lowenthal, Chair
   AB 1001 (Villaraigrosa) - As Introduced:  February 25, 1999
  
SUBJECT  : Housing and employment discrimination based on a  
person's sexual orientation. 

  SUMMARY  : Amends the Fair Employment and Housing Act (FEHA) to  
prohibit discrimination on the basis of sexual orientation and  
deletes a similar provision in the Labor Code. Codifies current  
case law regarding housing discrimination. Specifically,  this  
bill  :  

1)Defines "sexual orientation" as "heterosexuality,  
  homosexuality, and bisexuality."

2)Defines sexual orientation as an unlawful basis for  
  discrimination in employment and housing and amends FEHA to  
  include sexual orientation.

3)Declares that the opportunity to seek and obtain employment  
  free from discrimination is a civil right.

4)Prohibits the owner of any housing accommodation from making  
  any inquiry, oral or written, regarding an applicant's sexual  
  orientation and from discriminating against the applicant. 

5)Prohibits any person or entity that provides financial  
  assistance for the purchase or construction of housing from  
  discriminating against any person or group of persons because  
  of sexual orientation.

6)Deletes the prohibition on employment discrimination based on  
  sexual orientation from the Labor Code. 


  EXISTING LAW  

1)Recognizes in case law that it is the duty of the Department  
  of Fair Employment and Housing (FEH) to investigate and  
  adjudicate complaints regarding housing discrimination based  
  on sexual orientation (Hubert Williams (1982) 133 Cal. App.3  
  Supp.1). 








                                                          AB 1001
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2)Provides FEH a variety of enforcement tools to investigate and  
  adjudicate housing discrimination based on sexual orientation.  
  FEH can order the landlord to cease and desist, to sell or  
  rent the accommodation to the complainant, access actual  
  damages, and access punitive damages of $10,000 for a first  
  offense, $25,000 for a second, and $50,000 for three or more.  
  In addition, the complainant can choose to file a civil action  
  in lieu of or during FEH administrative process. Unlike  
  employment cases, there is no requirement that a complainant  
  exhaust the administrative remedies before filing a civil  
  action.      

3) Establishes that it is the duty of FEH to investigate and  
  adjudicate complaints regarding employment, including hiring,  
  promotion, and termination, on the basis of race religious  
  creed, color, national origin, ancestry, physical handicap,  
  medical condition, marital status, sex, or age. 

4)Provides FEH a variety of tools to investigate and adjudicate  
  complaints regarding employment discrimination with the  
  exception of sexual orientation. Complaints must be filed  
  within one-year of the alleged incident. Remedies available  
  for include cease and desist orders, reinstatement, actual  
  damages up to $50,000, affirmative or prospective relief, and  
  an administrative fine. If a complainant is not satisfied with  
  the administrative decision, or if FEH issues the complainant  
  a right-to-sue letter, the complainant can bring a civil  
  action in court. The complainant cannot file a civil action  
  without first exhausting FEHA administrative remedies. 

5)Prohibits under Labor Code Section 1102.1 employment  
  discrimination in any aspect of employment or opportunity for  
  employment based on actual or perceived sexual orientation.  
  Employers with five or fewer employees and all non-profit  
  organizations are exempt.

  The Department of Industrial Relations (DIR), investigates  
  complaints arising under this section, or complaints can be  
  filed as a civil action in court. Claims must be filed within  
  thirty days of the alleged incident. Remedies available  
  include cease and desist orders, reinstatement, back pay, and  
  attorneys' fees. 

  FISCAL EFFECT  :  Unknown








                                                          AB 1001
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  COMMENTS  :  

The purpose of this bill is to afford individuals who suffer  
from housing and employment discrimination due to sexual  
orientation the same protections as those who suffer  
discrimination due to race, religion, color, national origin,  
ancestry, physical handicap, medical condition, marital status,  
sex, or age.

  Related Legislation  : This bill is similar to AB 257  
(Villaraigosa) of 1997, which was vetoed by Governor Wilson.

Supporters of this bill argue that that in the case of housing  
discrimination, state law should reflect case law. They argue  
that if the gay and lesbian community is covered by current case  
law, then they deserve to have state law reflect this. They also  
believe enforcement of discrimination should be located within a  
single office, making it easier for victims to identify the  
appropriate office to contact and seek redress. Current practice  
can be confusing because victims do not know whom to contact and  
may receive conflicting information by an office not  
specializing in that specific type of discrimination.

Supporters of this bill argue that the differences between the  
Labor code and FEHA result in unequal protection against  
employment discrimination for gay, lesbian, and bisexual  
individuals. The differences they cite include:

     a)     The Labor Code allows only 30 days to file a  
       complaint. The FEHA allows up to one year. Supporters  
       argue that 30 days is not enough time in to identify and  
       act on discrimination, especially since the complainant  
       may not immediately realize that discrimination has  
       occurred.

     b)     Extensive case law has established guidelines for  
       FEHA, whereas little exists interpreting Labor Code  
       Section 1102.1.

     c)     FEH investigators are extensively trained in  
       discrimination cases. DIR investigators, on the other  
       hand, primarily handle whistleblowing cases, wage  
       disputes, and health and safety complaints.     









                                                          AB 1001
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Opponents of this bill argue that churches will be forced to  
hire homosexual employees if this bill passes, although  
nonprofit religious organizations are specifically exempt from  
the FEHA.Opponents also argue that this bill might be costly to  
businesses. They believe small businesses, who might be involved  
in increased litigation, would suffer a large financial burden  
defending themselves. 

This bill has been double referred to the Committee on Labor and  
Employment.

  REGISTERED SUPPORT / OPPOSITION  :   

  Support  
American Civil Liberties Union 
Asian Pacific Gays and Friends
California Alliance for Pride and Equality 
California Nurses Association
California Rural Legal Assistance Foundation
California Teachers Association
Consumer Attorneys of California
Gay and Lesbian Association of Retiring Persons
National Organization For Women
Reform Party
Santa Barbara Stonewall Democratic Club
South Orange County Chapter of the Parents, Families and Friends  
of Lesbian and Gays Organization.
Western Center on Law and Poverty
Wildcat International
17 Individuals

  Opposition   
  Committee on Moral Concerns
Traditional Values Coalition
21 Individuals

Analysis Prepared by:    Patrick O'Donnell  / H. & C.D. /  
(916)319-2085