SB 491: Civil rights: discrimination: enforcement.

The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases.

The California Fair Employment and Housing Act prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Department of Fair Employment and Housing (department).

Existing law specifies that while it is the intent of the Legislature that the California Fair Employment and Housing Act occupy the field of regulation of discrimination in employment and housing, nothing in the act shall be construed to limit or restrict the application of the Unruh Civil Rights Act.

This bill would provide that a local government entity is permitted under the California Fair Employment and Housing Act to refer a person alleging discrimination to the department and to provide the person with relevant information and resources, as appropriate.

The bill would require the department, by April 1, 2018, to establish an advisory group, as specified, to determine the feasibility of authorizing local government entities to also enforce antidiscrimination statutes. The bill would require the advisory group, if it determines that such enforcement is feasible, to develop an implementation plan and draft proposed legislation for presentation to the Legislature by December 31, 2018.

The bill would provide legislative findings and declarations in support of these provisions.