BILL ANALYSIS AB 1001 Page 1 Date of Hearing: May 26, 1999 ASSEMBLY COMMITTEE ON APPROPRIATIONS Carole Migden, Chairwoman AB 1001 (Villaraigosa) - As Amended: April 28, 1999 Policy Committee: Housing and Community Development Vote:7-4 Labor and Employment 6-3 Urgency: No State Mandated Local Program:NoReimbursable: SUMMARY : This bill increases the time allowed for filing a claim of employment discrimination based on sexual orientation from 30 days to one year of an alleged incident. (This is the effect of moving provisions governing such discrimination from the Labor Code to the Fair Employment and Housing Code.) FISCAL EFFECT : Estimated annual General Fund costs of about $450,000 to investigate the higher number of cases that probably be filed within the longer statute of limitations. (The estimate is based on an analysis done by the Department of Fair Employment and Housing [DFEH] in 1997 for AB 257 [Villaraigosa], which is substantially similar to this bill and was vetoed by Governor Wilson. The analysis assumed that the 350 additional investigations of discrimination would be conducted annually as a result of the bill.) COMMENTS : 1)Purpose . According to the author, current law places protection against discrimination of gay, lesbian, and bisexual individuals in a completely different category from other groups. Gays thus do not have equivalent protection to other California employees, who are protected by the Fair Employment and Housing Act (FEHA). In addition, the author believes that a lack of awareness and the restrictive deadlines of the Labor Code in comparison to FEHA make FEHA a AB 1001 Page 2 preferable alternative to present California law. 2)Opposition . 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 FEHA. Opponents also object to providing protection for a group of people whose behavior offends them. Opponents object to giving homosexuals "minority status." However, this bill does not create a new protected class because discrimination in employment on the basis of sexual orientation is already prohibited under current law. This bill simply provides the same statute of limitations, administrative procedures, and remedies for all victims of discrimination. Analysis Prepared by : Chuck Nicol / APPR. / (916)319-2081