BILL NUMBER: AB 1670	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Judiciary (Kuehl (Chair), Aroner,
Corbett, Hertzberg, Jackson, Knox, Shelley, and Steinberg)

                        MARCH 15, 1999

   An act to amend Section 51.5 of the Civil Code, and to amend
Sections 11139, 12921, 12926, 12940, 12945, 12965, 12970, and 12989.2
of the Government Code, relating to discrimination, and declaring
the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1670, as introduced, Committee on Judiciary.    California
Civil Rights Amendments of 1999.
   Existing law prohibits business establishments from discriminating
against, boycotting or blacklisting, or refusing to buy from, sell
to, or trade with any person because of the race, creed, religion,
color, national origin, sex, or disability of any person or the
person's partners, members, stockholders, directors, officers,
managers, superintendents, agents, employees, business associates,
suppliers, or customers.
   This bill would additionally prohibit these forms of
discrimination because of a perception that any of those persons have
one or more of the above characteristics.
   Existing law prohibits denial of benefits under, or discrimination
against any person in, any program or activity funded or financially
assisted by the state on the basis of ethnic group identification,
religion, age, sex, color, or physical or mental disability.
Existing law specifies a hearing procedure for determining violations
and requires curtailing state funding for any contractor, grantee,
or local agency found to be in violation.
   This bill would make these provisions and regulations adopted
thereunder enforceable by a civil action for equitable relief.
   Existing provisions of the California Fair Employment and Housing
Act declare as a civil right the opportunity to seek, obtain, and
hold employment without discrimination on specified bases.
   This bill would declare as a civil right the opportunity to seek,
obtain, and hold housing without discrimination on specified bases or
any arbitrary basis prohibited by the Unruh Civil Rights Act.
   Existing provisions of the California Fair Employment and Housing
Act make it an unlawful employment practice for employers, including
employer agents, among others, to harass an employee or applicant
because of specified bases. Under existing law, harassment of an
employee or applicant by other than an employer agent or supervisor
is unlawful only if the employer, or its agents or supervisors, knows
or should have known of the harassment and fails to take immediate
and appropriate corrective action.
   This bill would add a definition of "supervisor" to the act and
expand the act's provisions on harassment to make them applicable to
harrassment of persons providing services pursuant to a contract, as
defined.  The bill would provide that the definition of "supervisor"
that it would add is declaratory of existing law.
   Nothing in the California Fair Employment and Housing Act makes it
an unlawful employment practice to require testing for a genetic
characteristic.
   This bill would make it an unlawful employment practice for an
employer or other entity to require testing for a genetic
characteristic.
   Nothing in the California Fair Employment and Housing Act makes it
an unlawful employment practice to refuse to provide a reasonable
accommodation for a pregnant female employee during the pregnancy.
   This bill would make it an unlawful employment practice for an
employer to refuse to provide a reasonable accommodation for a
pregnant female employee during the pregnancy.
   In any civil action brought under the California Fair Employment
and Housing Act the court, with certain exceptions, is authorized to
award the prevailing party reasonable attorney's fees and costs.
   This bill would additionally authorize the court to award the
prevailing party his or her expert witness fees.
   Under existing law, the respondent named in an administrative
accusation under the California Fair Employment and Housing Act
brought for damages for emotional injuries or for an administrative
fine may elect to transfer the proceedings to a court.  Existing law
authorizes the court in those actions to grant specified relief.
   This bill would additionally authorize the relief granted by the
court to include a requirement that the employer conduct prescribed
training.
   Existing provisions of the California Fair Employment and Housing
Act limit the total amount of damages that may be awarded by the Fair
Employment and Housing Commission for nonpecuniary loss and
administrative fines to $50,000 per aggrieved person per respondent.

   This bill would increase this limitation to $150,000.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known, and may be cited, as the
California Civil Rights Amendments of 1999.
  SEC. 2.  Section 51.5 of the Civil Code is amended to read:
   51.5.  No business establishment of any kind whatsoever shall
discriminate against, boycott or blacklist,  or  refuse to
buy from, sell to, or trade with any person in this state because of
the race, creed, religion, color, national origin, sex, or disability
of the person or of the person's partners, members, stockholders,
directors, officers, managers, superintendents, agents, employees,
business associates, suppliers, or customers  , or because the
person is perceived to have one or more of those characteristics
 .
   As used in this section, "person" includes any person, firm,
association, organization, partnership, business trust, corporation,
limited liability company, or company.
    Nothing in this   This  section shall
 not  be construed to require any construction, alteration,
repair, structural or otherwise, or modification of any sort
whatsoever, beyond that construction, alteration, repair, or
modification that is otherwise required by other provisions of law,
to any new or existing establishment, facility, building,
improvement, or any other structure, nor shall  anything in
 this section be construed to augment, restrict, or alter in
any way the authority of the State Architect to require
construction, alteration, repair, or modifications that the State
Architect otherwise possesses pursuant to other laws.
  SEC. 3.  Section 11139 of the Government Code is amended to read:
   11139.  The prohibitions and sanctions imposed by this article
 shall be   are  in addition to any other
prohibitions and sanctions imposed by law.
   This article shall not be interpreted in  such 
 a  manner  so as to   that would 
frustrate its purpose.
   This article shall not be interpreted in  such  a
manner  so as to   that would  adversely
affect lawful programs which benefit the disabled, the aged,
minorities  ,  and women.  
   This article and regulations adopted pursuant to this article may
be enforced by a civil action for equitable relief. 
  SEC. 4.  Section 12921 of the Government Code is amended to read:
   12921.   (a)  The opportunity to seek, obtain  ,
 and hold employment without discrimination because of race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, or age is hereby recognized as and declared to be a civil right.
  
   (b) The opportunity to seek, obtain, and hold housing without
discrimination because of race, color, religion, sex, marital status,
national origin, ancestry, familial status, disability, or any other
basis prohibited by Section 51 of the Civil Code is hereby
recognized as and declared to be a civil right. 
  SEC. 5.  Section 12926 of the Government Code is amended to read:
   12926.  As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
   (a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of 
backpay   back pay  , reimbursement of
out-of-pocket expenses, hiring, transfers, reassignments, grants of
tenure, promotions, cease and desist orders, posting of notices,
training of personnel, testing, expunging of records, reporting of
records, and any other similar relief that is intended to correct
unlawful practices under this part.
   (b) "Age" refers to the chronological age of any individual who
has reached his or her 40th birthday.
   (c) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or any individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
   (d) "Employer" includes any person regularly employing five or
more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil
subdivision thereof, and cities, except as follows:
   (1) "Employer" does not include a religious association or
corporation not organized for private profit.
   (2) "Employer," for purposes of provisions defining unlawful
employment practices related to mental disability, means any person
regularly employing 15 or more persons, or any person directly or
indirectly acting as an agent of such an employer, and also includes
the state and municipalities and political subdivisions of the state.

   (e) "Employment agency" includes any person undertaking for
compensation to procure employees or opportunities to work.
   (f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires. "Essential functions" does not include the marginal
functions of the position.
   (1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
   (A) The function may be essential because the reason the position
exists is to perform that function.
   (B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
   (C) The function may be highly specialized, so that the incumbent
in the position is hired for his or her expertise or ability to
perform the particular function.
   (2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
   (A) The employer's judgment as to which functions are essential.
   (B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
   (C) The amount of time spent on the job performing the function.
   (D) The consequences of not requiring the incumbent to perform the
function.
   (E) The terms of a collective bargaining agreement.
   (F) The work experiences of past incumbents in the job.
   (G) The current work experience of incumbents in similar jobs.
   (g) "Labor organization" includes any organization that exists and
is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection.
   (h) "Medical condition" includes (1) genetic characteristics, or
(2) any health impairment related to or associated with a diagnosis
of cancer, for which a person has been rehabilitated or cured, based
on competent medical evidence.  For purposes of this section,
"genetic characteristics" means any scientifically or medically
identifiable gene or chromosome, or combination or alteration
thereof, that is known to be a cause of a disease or disorder in a
person or his or her offspring, or is determined to be associated
with a statistically increased risk of development of a disease or
disorder, or inherited characteristics that may derive from the
individual or family member, that is presently not associated with
any symptoms of any disease or disorder.
   (i) "Mental disability" includes any mental or psychological
disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
However, "mental disability" does not include conditions excluded
from the federal definition of "disability" pursuant to Section 511
of the Americans with Disabilities Act of 1990 (42 U.S.C.  ,
 Sec. 12211).  Additionally, for purposes of this part, the
unlawful use of controlled substances or other drugs shall not be
deemed, in and of itself, to constitute a mental disability.
   (j) "On the bases enumerated in this part" means or refers to
discrimination on the basis of one or more of the following:  race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, or age.
   (k) "Physical disability" includes, but is not limited to, all of
the following:
   (1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:
   (A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
   (B) Limits an individual's ability to participate in major life
activities.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Being regarded as having or having had a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment described in paragraph (1) or (2).
   (4) Being regarded as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
   It is the intent of the Legislature that the definition of
"physical disability" in this subdivision shall have the same meaning
as the term "physical handicap" formerly defined by this subdivision
and construed in American National Ins. Co. v. Fair Employment &
Housing Com.  ,   (1982)  32  Cal.
3d  Cal.3d  603.  However, "physical disability"
does not include conditions excluded from the federal definition of
"disability" pursuant to Section 511 of the Americans with
Disabilities Act of 1990 (42 U.S.C.  ,  Sec. 12211).
  Additionally, for purposes of this part, the unlawful use of
controlled substances or other drugs shall not be deemed, in and of
itself, to constitute a physical disability.
   (l) Notwithstanding subdivisions (i) and (k), if the definition of
"disability" used in the Americans with Disabilities Act of 1990
 (Public Law   (P.L.  101-336) would result
in broader protection of the civil rights of individuals with a
mental disability or physical disability, as defined in subdivision
(i) or (k), or would include any medical condition not included
within those definitions, then that broader protection or coverage
shall be deemed incorporated by reference into, and shall prevail
over conflicting provisions of, the definitions in subdivisions (i)
and (k).
   (m) "Reasonable accommodation" may include either of the
following:
   (1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
   (2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities.
   (n) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
   (o) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth.
   (p)  "Supervisor" means any individual having the authority,
in the interest of the employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other
employees, or the responsibility to direct them, or to adjust their
grievances, or effectively to recommend that action, if, in
connection with the foregoing, the exercise of that authority is not
of a merely routine or clerical nature, but requires the use of
independent judgment.
   (q)  "Undue hardship" means an action requiring significant
difficulty or expense, when considered in light of the following
factors:  (1) the nature and cost of the accommodation needed, (2)
the overall financial resources of the facilities involved in the
provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources or
the impact otherwise of these accommodations upon the operation of
the facility, (3) the overall financial resources of the covered
entity, the overall size of the business of a covered entity with
respect to the number of employees, and the number, type, and
location of its facilities, (4) the type of operations, including the
composition, structure, and functions of the work force of the
entity, and (5) the geographic separateness, administrative, or
fiscal relationship of the facility or facilities.
  SEC. 6.  Section 12940 of the Government Code is amended to read:
   12940.  It shall be an unlawful employment practice, unless based
upon a bona fide occupational qualification, or, except where based
upon applicable security regulations established by the United States
or the State of California:
   (a) For an employer, because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, or sex of any person, to refuse to
hire or employ the person or to refuse to select the person for a
training program leading to employment, or to bar or to discharge the
person from employment or from a training program leading to
employment, or to discriminate against the person in compensation or
in terms, conditions, or privileges of employment.
   (1)  Nothing in this   This  part
 shall   does not  prohibit an employer
from refusing to hire or discharging an employee with a physical or
mental disability, or subject an employer to any legal liability
resulting from the refusal to employ or the discharge of an employee
with a physical or mental disability, where the employee, because of
his or her physical or mental disability, is unable to perform his or
her essential duties even with reasonable accommodations, or cannot
perform those duties in a manner that would not endanger his or her
health or safety or the health  and  or 
safety of others even with reasonable accommodations.
   (2)  Nothing in this   This  part
 shall   does not  prohibit an employer
from refusing to hire or discharging an employee who, because of the
employee's medical condition, is unable to perform his or her
essential duties even with reasonable accommodations, or cannot
perform those duties in a manner that would not endanger the employee'
s health or safety or the health or safety of others even with
reasonable accommodations.  Nothing in this part shall subject an
employer to any legal liability resulting from the refusal to employ
or the discharge of an employee who, because of the employee's
medical condition, is unable to perform his or her essential duties,
or cannot perform those duties in a manner that would not endanger
the employee's health or safety or the health or safety of others
even with reasonable accommodations.
   (3) Nothing in this part relating to discrimination on account of
marital status shall do either of the following:
   (A) Affect the right of an employer to reasonably regulate, for
reasons of supervision, safety, security, or morale, the working of
spouses in the same department, division, or facility, consistent
with the rules and regulations adopted by the commission.
   (B) Prohibit bona fide health plans from providing additional or
greater benefits to employees with dependents than to those employees
without or with fewer dependents.
   (4) Nothing in this part relating to discrimination on account of
sex shall affect the right of an employer to use veteran status as a
factor in employee selection or to give special consideration to
 Vietnam era   Vietnam-era  veterans.
   (b) For a labor organization, because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, or sex of any person,
to exclude, expel  ,  or restrict from its membership the
person, or to provide only second-class or segregated membership or
to discriminate against any person because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, or sex of the person
in the election of officers of the labor organization or in the
selection of the labor organization's staff or to discriminate in any
way against any of its members or against any employer or against
any person employed by an employer.
   (c) For any person to discriminate against any person in the
selection or training of that person in any apprenticeship training
program or any other training program leading to employment because
of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, or sex of the person discriminated against.
   (d) For any employer or employment agency, unless specifically
acting in accordance with federal equal employment opportunity
guidelines and regulations approved by the commission, to print or
circulate or cause to be printed or circulated any publication, or to
make any non-job-related inquiry, either verbal or through use of an
application form, which expresses, directly or indirectly, any
limitation, specification, or discrimination as to race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, or sex, or any intent
to make that limitation, specification or discrimination.  Except as
provided in the Americans with Disabilities Act of 1990 
(Public Law  (P.L.  101-336) and the regulations
adopted pursuant thereto, nothing in this subdivision shall prohibit
any employer from making, in connection with prospective employment,
an inquiry as to, or a request for information regarding, the
physical fitness, medical condition, physical condition, or medical
history of applicants if that inquiry or request for information is
directly related and pertinent to the position the applicant is
applying for or directly related to a determination of whether the
applicant would endanger his or her health or safety or the health or
safety of others.
   (e) For any employer, labor organization, or employment agency to
harass, discharge, expel, or otherwise discriminate against any
person because the person has made a report pursuant to Section
11161.8 of the Penal Code, which prohibits retaliation against
hospital employees who report suspected patient abuse by health
facilities or community care facilities.
   (f) For any employer, labor organization, employment agency, or
person to discharge, expel, or otherwise discriminate against any
person because the person has opposed any practices forbidden under
this part or because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts forbidden under this part, or to attempt to
do so.
   (h) (1) For an employer, labor organization, employment agency,
apprenticeship training program or any training program leading to
employment, or any other person, because of race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, or age, to harass
an employee  or   , an  applicant  ,
or a person providing services pursuant to a contract  .
Harassment of an employee  or   , an 
applicant  , or a person providing services pursuant to a
contract  by an employee other than an agent or supervisor shall
be unlawful if the entity, or its agents or supervisors, knows or
should have known of this conduct and fails to take immediate and
appropriate corrective action.  An entity shall take all reasonable
steps to prevent harassment from occurring.  Loss of tangible job
benefits shall not be necessary in order to establish harassment.
   (2) This subdivision is declaratory of existing law, except for
the new duties imposed on employers with regard to harassment.
   (3) (A) For purposes of this subdivision only, "employer" means
any person regularly employing one or more persons  or regularly
receiving the services of one or more persons providing services
pursuant to a contract  , or any person acting as an agent of an
employer, directly or indirectly, the state, or any political or
civil subdivision thereof, and cities.   The definition of
"employer" in subdivision (d) of Section 12926 applies to all
provisions of this section other than this subdivision. 
   (B) Notwithstanding subparagraph (A), for purposes of this
subdivision, "employer" does not include a religious association or
corporation not organized for private profit.
   (C) For purposes of this subdivision, "harassment" because of sex
includes sexual harassment, gender harassment, and harassment based
on pregnancy, childbirth, or related medical conditions.
   (4)  For other types of discrimination as enumerated in
subdivision (a), an employer remains as defined in subdivision (d) of
Section 12926.
   (5) Nothing contained in this subdivision shall be construed to
apply the definition of employer found in this subdivision to
subdivision (a)   For purposes of this subdivision, "a
person providing services pursuant to a contract" means a person who
meets all of the following criteria:
   (A) The person has the right to control the performance of the
contract for services and discretion as to the manner of performance.

   (B) The person is customarily engaged in an independently
established business.
   (C) The person has control over the time and place the work is
performed, supplies the tools and instruments used in the work, and
performs work that requires a particular skill not ordinarily used in
the course of the employer's work  .
   (i) For an employer, labor organization, employment agency,
apprenticeship training program, or any training program leading to
employment, to fail to take all reasonable steps necessary to prevent
discrimination and harassment from occurring.
   (j) For an employer or other entity covered by this part to refuse
to hire or employ a person or to refuse to select a person for a
training program leading to employment or to bar or to discharge a
person from employment or from a training program leading to
employment, or to discriminate against a person in compensation or in
terms, conditions, or privileges of employment because of a conflict
between the person's  religious belief or observance and any
employment requirement, unless the employer or other entity covered
by this part demonstrates that it has explored any available
reasonable alternative means of accommodating the religious belief or
observance, including the possibilities of excusing the person from
those duties that conflict with his or her religious belief or
observance or permitting those duties to be performed at another time
or by another person, but is unable to reasonably accommodate the
religious belief or observance without undue hardship on the conduct
of the business of the employer or other entity covered by this part.
  Religious belief or observance, as used in this section, includes,
but is not limited to, observance of a Sabbath or other religious
holy day or days, and reasonable time necessary for travel prior and
subsequent to a religious observance.
   (k) For an employer or other entity covered by this part to fail
to make reasonable accommodation for the known physical or mental
disability of an applicant or employee.  Nothing in this subdivision
or in paragraph (1) or (2) of subdivision (a) shall be construed to
require an accommodation that is demonstrated by the employer or
other covered entity to produce undue hardship to its operation.
   (l) Initial application of this section to discrimination by
employers on the basis of mental disability shall be in accordance
with the following schedule:
   (1) Commencing January 1, 1993, for employers with 25 or more
employees, the state, and its municipalities and political
subdivisions.
   (2) Commencing July 26, 1994, for all other employers specified in
paragraph (2) of the subdivision of Section 12926 that defines
"employer." 
   (m) For an employer or other entity covered by this part, to
subject, directly or indirectly, any employee, applicant, or other
person to a test for the presence of a genetic characteristic. 

  SEC. 7.  Section 12945 of the Government Code is amended to read:
   12945.  It shall be an unlawful employment practice  , 
unless based upon a bona fide occupational qualification:
   (a) For any employer, because of the pregnancy, childbirth, or
related medical condition of any female employee, to refuse to
promote her, or to refuse to select her for a training program
leading to promotion, provided she is able to complete the training
program at least three months prior to the anticipated date of
departure for her pregnancy leave, or to discharge her from
employment or from a training program leading to promotion, or to
discriminate against her in compensation or in terms, conditions, or
privileges of employment.
   (b) For any employer to refuse to allow a female employee affected
by pregnancy, childbirth, or related medical conditions either:
   (1) To receive the same benefits or privileges of employment
granted by that employer to other persons not so affected who are
similar in their ability or inability to work, including to take
disability or sick leave or any other accrued leave  which
  that  is made available by the employer to
temporarily disabled employees.  For purposes of this section,
pregnancy, childbirth, and related medical conditions are treated as
any other temporary disability. However, no employer shall be
required to provide a female employee disability leave on account of
normal pregnancy, childbirth, or related medical condition for a
period exceeding six weeks.   Nothing in this  
This  section shall  not  be construed to require an
employer to provide his or her employees with health insurance
coverage for the medical costs of pregnancy, childbirth, or related
medical conditions.  The inclusion in any health insurance coverage
of any provisions or coverage relating to medical costs of pregnancy,
childbirth, or related medical conditions shall not be construed to
require the inclusion of any other provisions or coverage, nor shall
coverage of any related medical conditions be required by
                                virtue of coverage of any medical
costs of pregnancy, childbirth, or other related medical conditions.

   (2) To take a leave on account of pregnancy for a reasonable
period of time not to exceed four months.  The employee shall be
entitled to utilize any accrued vacation leave during this period of
time.  Reasonable period of time means that period during which the
female employee is disabled on account of pregnancy, childbirth, or
related medical conditions.   Nothing herein  
This paragraph  shall  not  be construed to limit the
provisions of paragraph (1) of subdivision (b).
   An employer may require any employee who plans to take a leave
pursuant to this subdivision to give the employer reasonable notice
of the date the leave shall commence and the estimated duration of
the leave.
   (c) (1)  For any employer, including both employers subject to
and not subject to Title VII of the Civil Rights Act of 1964, to
refuse to provide reasonable accommodation for a pregnant female
employee for the duration of her pregnancy.
   (2)  For any employer,  which shall include 
 including  both employers subject to and not subject to
Title VII of the federal Civil Rights Act of 1964, who has a policy,
practice, or collective bargaining agreement requiring or authorizing
the transfer of temporarily disabled employees to less strenuous or
hazardous positions for the duration of the disability to refuse to
transfer a pregnant female employee who so requests.  
   (2)  
   (3)  For any employer,  which shall include 
 including  both employers subject to and not subject to
Title VII of the federal Civil Rights Act of 1964, to refuse to
temporarily transfer a pregnant female employee to a less strenuous
or hazardous position for the duration of her pregnancy if she so
requests, with the advice of her physician, where that transfer can
be reasonably accommodated.  However, no employer shall be required
by this section to create additional employment that the employer
would not otherwise have created, nor shall the employer be required
to discharge any employee, transfer any employee with more seniority,
or promote any employee who is not qualified to perform the job.
   (d) This section shall not be construed to affect any other
provision of law relating to sex discrimination or pregnancy, or in
any way to diminish the coverage of pregnancy, childbirth, or medical
conditions related to pregnancy or childbirth under any other
provisions of this part, including subdivision (a) of Section 12940.

   (e) Except for  subdivision (c) and  paragraph (2) of
subdivision (b)  , and paragraphs (1) and (2) of subdivision
(c)  , this section  shall be   is
 inapplicable to any employer subject to Title VII of the
federal Civil Rights Act of 1964.
  SEC. 8.  Section 12965 of the Government Code is amended to read:
   12965.  (a) In the case of failure to eliminate an unlawful
practice under this part through conference, conciliation  ,
 or persuasion, or in advance thereof if circumstances warrant,
the director in his or her discretion may cause to be issued in the
name of the department a written accusation.  The accusation shall
contain the name of the person, employer, labor organization  ,
 or employment agency accused, which shall be known as the
respondent, shall set forth the nature of the charges, shall be
served upon the respondent together with a copy of the verified
complaint, as amended, and shall require the respondent to answer the
charges at a hearing.
   For any complaint treated by the director as a group or class
complaint for purposes of investigation, conciliation, and accusation
pursuant to Section 12961, an accusation shall be issued, if at all,
within two years after the filing of the complaint.  For all other
complaints, an accusation shall be issued, if at all, within one year
after the filing of a complaint.  If the director determines,
pursuant to Section 12961, that a complaint investigated as a group
or class complaint under Section 12961 is to be treated as a group or
class complaint for purposes of conciliation and accusation as well,
 such   that  determination shall be made
and shall be communicated in writing within one year after the filing
of the complaint to each person, employer, labor organization,
employment agency, or public entity alleged in the complaint to have
committed an unlawful practice.
   (b) If an accusation is not issued within 150 days after the
filing of a complaint, or if the department earlier determines that
no accusation will issue, the department shall promptly notify, in
writing, the person claiming to be aggrieved that the department
shall issue, on his or her request, the right-to-sue notice.  This
notice shall indicate that the person claiming to be aggrieved may
bring a civil action under this part against the person, employer,
labor organization  ,  or employment agency named in the
verified complaint within one year from the date of that notice.  If
the person claiming to be aggrieved does not request a right-to-sue
notice, the department shall issue the notice upon completion of its
investigation, and not later than one year after the filing of the
complaint.  A city, county, or district attorney in a location having
an enforcement unit established on or before March 1, 1991, pursuant
to a local ordinance enacted for the purpose of prosecuting 
AIDS/HIV   HIV/AIDS  discrimination claims, acting
on behalf of any person claiming to be aggrieved due to HIV/AIDS
discrimination, may also bring a civil action under this part against
the person, employer, labor organization, or employment agency named
in the notice.  The superior and municipal courts of the State of
California shall have jurisdiction of those actions, and the
aggrieved person may file in any of these courts.  Such an action may
be brought in any county in the state in which the unlawful practice
is alleged to have been committed, in the county in which the
records relevant to the practice are maintained and administered, or
in the county in which the aggrieved person would have worked or
would have had access to the public accommodation but for the alleged
unlawful practice, but if the defendant is not found within any of
these counties, an action may be brought within the county of the
defendant's residence or principal office.  A copy of any complaint
filed pursuant to this part shall be served on the principal offices
of the department and of the commission.  The remedy for failure to
send a copy of a complaint is an order to do so.  Those actions may
not be filed as class actions or may not be maintained as class
actions by the person or persons claiming to be aggrieved where those
persons have filed a civil class action in the federal courts
alleging a comparable claim of employment discrimination against the
same defendant or defendants.  In actions brought under this section,
the court, in its discretion, may award to the prevailing party
reasonable  attorneys'   attorney's  fees
and costs  , including expert witness fees,  except where
 such   the  action is filed by a public
agency or a public official, acting in an official capacity.
   (c) (1) If an accusation or amended accusation includes a prayer
either for damages for emotional injuries as a component of actual
damages, or for administrative fines, or for both, the respondent may
within 30 days after service of the accusation or amended
accusation, elect to transfer the proceedings to a court in lieu of a
hearing pursuant to subdivision (a) by serving a written notice to
that effect on the department, the commission, and the person
claiming to be aggrieved.  The commission shall prescribe the form
and manner of giving written notice.
   (2) No later than 30 days after the completion of service of the
notice of election pursuant to paragraph (1), the department shall
dismiss the accusation and shall, either itself or, at its election,
through the Attorney General, file in the appropriate court an action
in its own name on behalf of the person claiming to be aggrieved as
the real party in interest.  In this action, the person claiming to
be aggrieved shall be the real party in interest and shall have the
right to participate as a party and be represented by his or her own
counsel.  Complaints filed pursuant to this section shall be filed in
the appropriate superior or municipal court in any county in which
unlawful practices are alleged to have been committed, in the county
in which records relevant to the alleged unlawful practices are
maintained and administered, or in the county in which the person
claiming to be aggrieved would have worked or would have had access
to public accommodation, but for the alleged unlawful practices.  If
the defendant is not found in any of these counties, the action may
be brought within the county of the defendant's residence or
principal office.  Those actions shall be assigned to the court's
delay reduction program, or otherwise given priority for disposition
by the court in which the action is filed.
   (3) A court may grant as relief in any action filed pursuant to
this subdivision any relief a court is empowered to grant in a civil
action brought pursuant to subdivision (b), in addition to any other
relief that, in the judgment of the court, will effectuate the
purpose of this part.   This relief may include a requirement
that the employer conduct training for all employees, supervisors,
and management on the requirements of this part, the rights and
remedies of those who allege a violation of this part, and the
employer's internal grievance procedures. 
   (4) The department may amend an accusation to pray for either
damages for emotional injury or for administrative fines, or both,
provided that the amendment is made within 30 days of the issuance of
the original accusation.
  SEC. 9.  Section 12970 of the Government Code is amended to read:
   12970.  (a) If the commission finds that a respondent has engaged
in any unlawful practice under this part, it shall state its findings
of fact and determination and shall issue and cause to be served on
the parties an order requiring the respondent to cease and desist
from the unlawful practice and to take action, including, but not
limited to, any of the following:
   (1) The hiring, reinstatement  ,  or upgrading of
employees, with or without  backpay   back pay
 .
   (2) The admission or restoration to membership in any respondent
labor organization.
   (3) The payment of actual damages as may be available in civil
actions under this part, except as otherwise provided in this
section.  Actual damages include, but are not limited to, damages for
emotional injuries if the accusation or amended accusation prays for
those damages.  Actual damages awarded under this section for
emotional pain, suffering, inconvenience, mental anguish, loss of
enjoyment of life, and other nonpecuniary losses shall not exceed, in
combination with the amounts of any administrative fines imposed
pursuant to subdivision (c),  one hundred  fifty thousand
dollars  ($50,000)   ($150,000)  per
aggrieved person per respondent.
   (4) Notwithstanding paragraph (3), the payment of actual damages
up to one hundred fifty thousand dollars ($150,000) assessed against
a respondent for a violation of Section 51.7 of the Civil Code, as an
unlawful practice under this part.
   (5) Affirmative or prospective relief to prevent the recurrence of
the unlawful practice.
   (6) A report to the commission as to the manner of compliance with
the commission's order.
   (b) An unlawful practice under this part alone is not sufficient
to sustain an award of actual damages pursuant to this section.  The
department is required to prove, by a preponderance of the evidence,
that an aggrieved person has sustained actual injury.  In determining
whether to award damages for emotional injuries, and the amount of
any award for these damages, the commission shall consider relevant
evidence of the effects of discrimination on the aggrieved person
with respect to any or all of the following:
   (1) Physical and mental well-being.
   (2) Personal integrity, dignity, and privacy.
   (3) Ability to work, earn a living, and advance in his or her
career.
   (4) Personal and professional reputation.
   (5) Family relationships.
   (6) Access to the job and ability to associate with peers and
coworkers.
   The commission shall also consider the duration of the emotional
injury, and whether that injury was caused or exacerbated by an
aggrieved person's knowledge of a respondent's failure to respond
adequately to, or to correct, the discriminatory practice or by the
egregiousness of the discriminatory practice.
   (c) In addition to the foregoing, in order to vindicate the
purposes and policies of this part, the commission may assess against
the respondent, if the accusation or amended accusation so prays, an
administrative fine per aggrieved person per respondent, the amount
of which shall be determined in accordance with the combined amount
limitation of paragraph (3) of subdivision (a).
   (d) In determining whether to assess an administrative fine
pursuant to this section, the commission shall find that the
respondent has been guilty of oppression, fraud, or malice, expressed
or implied, as required by Section 3294 of the Civil Code.  In
determining the amount of fines, the commission shall consider
relevant evidence of, including, but not limited to, the following:
   (1) Willful, intentional, or purposeful conduct.
   (2) Refusal to prevent or eliminate discrimination.
   (3) Conscious disregard for the rights of employees.
   (4) Commission of unlawful conduct.
   (5) Intimidation or harassment.
   (6) Conduct without just cause or excuse.
   (7) Multiple violations of the Fair Employment and Housing Act.
   The moneys derived from an administrative fine assessed pursuant
to this subdivision shall be deposited in the General Fund.  No
administrative fine shall be assessed against a public entity.  The
commission shall have no authority to award punitive damages as a
remedy for a finding of employment discrimination.
   (e) In addition to the foregoing, in order to vindicate the
purposes and policies of this part, the commission may assess against
the respondent if the accusation or amended accusation so prays, a
civil penalty of up to twenty-five thousand dollars ($25,000) to be
awarded to a person denied any right provided for by Section 51.7 of
the Civil Code, as an unlawful practice prohibited under this part.
   (f) If the commission finds the respondent has engaged in an
unlawful practice under this part, and the respondent is licensed or
granted a privilege by an agency of the state to do business, provide
a service, or conduct activities, and the unlawful practice is
determined to have occurred in connection with the exercise of that
license or privilege, the commission shall provide the licensing or
privilege granting agency with a copy of its decision or order.
   (g) If the commission finds that a respondent has not engaged in
an unlawful practice under this part, the commission shall state its
findings of fact and determination and issue and cause to be served
on the parties an order dismissing the accusation as to that
respondent.
   (h) Any findings and determination made or any order issued
pursuant to this section shall be written and shall indicate the
identity of the members of the commission who participated 
herein   therein  .
   (i) Any order issued by the commission shall have printed on its
face references to the rights of appeal of any party to the
proceeding to whose position the order is adverse.
   (j) If the commission finds that a respondent has engaged in an
unlawful practice under this part, and it appears that this practice
consisted of acts described in Section 243.4, 261, 262, 286, 288,
288a, or 289 of the Penal Code, the commission, with the consent of
the complainant, shall provide the local district attorney's office
with a copy of its decision and order.
   (k) Notwithstanding Section 12960, if the commission finds that a
respondent has engaged in unlawful discrimination in housing under
Section 12948, the remedies afforded in Section 12987 or any other
provision in this part pertaining to housing discrimination, shall
apply.
  SEC. 10.  Section 12989.2 of the Government Code is amended to
read:
   12989.2.  In a civil action brought under Section 12989 or
12989.1, if the court finds that a discriminatory housing practice
has occurred or is about to occur, the court may award the plaintiff
or complainant actual and punitive damages and may grant other
relief, including the issuance of a temporary or permanent
injunction, or temporary restraining order, or other order, as it
deems appropriate to prevent any defendant from engaging in or
continuing to engage in an unlawful practice.  The court may, at its
discretion, award the prevailing party, other than the state,
reasonable attorney's fees and costs  , including expert witness
fees  .
  SEC. 11.  The amendment of Section 12926 of the Government Code
made by this act does not constitute a change in, but is declaratory
of, existing law.
  SEC. 12.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   To protect Californians against invidious discrimination in the
areas of housing, employment, and business, it is necessary that this
act go into effect immediately.