AB 2448: Civil rights: businesses: discrimination and harassment of customers: pilot program.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-13
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.
This bill would require the department to establish a pilot program on or before January 1, 2025, to recognize businesses that create environments free from discrimination and harassment and would require the department to develop criteria to qualify for recognition, including, among other things, demonstrating compliance with the Unruh Civil Rights Act. The bill would require the department to provide a certificate to qualifying businesses and publish on its internet website a database of businesses receiving that certificate. The bill would require the department to evaluate whether that recognition is effective on or before January 1, 2028, as specified. The bill would provide that recognition under the pilot program does not establish and is not relevant to any defense of claims brought under existing law. The bill would repeal its provisions on July 1, 2028.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.
This bill would require the department to establish a pilot program on or before January 1, 2025, to recognize businesses that create environments free from discrimination and harassment and would require the department to develop criteria to qualify for recognition, including, among other things, demonstrating compliance with the Unruh Civil Rights Act. The bill would require the department to provide a certificate to qualifying businesses and publish on its internet website a database of businesses receiving that certificate. The bill would require the department to evaluate whether that recognition is effective on or before January 1, 2028, as specified. The bill would provide that recognition under the pilot program does not establish and is not relevant to any defense of claims brought under existing law. The bill would repeal its provisions on July 1, 2028.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.
This bill would require the department to establish a pilot program on or before January 1, 2025, to recognize businesses that create environments free from discrimination and harassment and would require the department to develop criteria to qualify for recognition, including, among other things, demonstrating compliance with the Unruh Civil Rights Act. The bill would require the department to provide a certificate to qualifying businesses and publish on its internet website a database of businesses receiving that certificate. The bill would require the department to evaluate whether that recognition is effective on or before January 1, 2028, as specified. The bill would provide that recognition under the pilot program does not establish and is not relevant to any defense of claims brought under existing law. The bill would repeal its provisions on July 1, 2028.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or any of the specified characteristics listed above, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.
This bill would require a business to address the harassment, which would include words, gestures, or actions directed at a specific person that the person finds unwelcome and offensive and that are on account of any characteristics listed in the Unruh Civil Rights Act, of customers on its premises, including harassment by a third party, by, among other things, posting a sign provided by the department that informs customers of their rights at a business and how to report incidents of harassment.This bill would require the department to submit, as specified, to the Legislature and Governor, and publish on its internet website, a report summarizing aggregate data on harassment at businesses in the state, as prescribed, including data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses, as specified.This bill would require the department to develop or procure an online training course regarding discrimination and harassment, as defined, and make that course available on the departments internet website. The bill would require the training to include information on laws related to discrimination and harassment and how to identify discrimination and harassment. The bill would require the department to provide employees with a certificate of completion of the training, which the bill would require to be portable across employers. The bill would require businesses to provide that training no later than January 1, 2025, to all their employees in the state who interact with members of the public, as specified. The bill would authorize the department to initiate the adoption of rules, regulations, or standards implementing these provisions no later than January 1, 2024, or seek an order requiring a business to comply with the trainings requirements.This bill would require the department to establish a pilot program on or before January 1, 2025, to recognize businesses that create environments free from discrimination and harassment and would require the department to develop criteria to qualify for recognition, including, among other things, demonstrating compliance with the Unruh Civil Rights Act. The bill would require the department to provide a certificate to qualifying businesses and publish on its internet website a database of businesses receiving that certificate. The bill would require the department to evaluate whether that recognition is effective on or before January 1, 2028, as specified. The bill would repeal the pilot program its provisions on July 1, 2028.
This bill would provide that the departments council has the power to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards to interpret, implement, and apply the above provisions. The bill would also grant the department the power to receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of the above provisions and would prohibit a complaint alleging a violation of those provisions from being filed after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or any of the specified characteristics listed above, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.
This bill would require a business to address the harassment, defined as which would include words, gestures, or actions directed at a specific person without the consent of that the person finds unwelcome and offensive and that are on account of any characteristics listed in the Unruh Civil Rights Act, of customers on its premises, including harassment by a third party, by, among other things, posting a sign provided by the department that informs customers of their rights at a business and how to report incidents of harassment.
This bill would require the department to submit, as specified, to the Legislature and Governor, and publish on its internet website, a report summarizing aggregate data on harassment at businesses in the state, as prescribed, including data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses, as specified.
This bill would require the department to develop or procure an online training course regarding discrimination and harassment, as defined, and make that course available on the departments internet website. The bill would require the training to include information on laws related to discrimination and harassment and how to identify discrimination and harassment. The bill would require the department to provide employees with a certificate of completion of the training, which the bill would require to be portable across employers. The bill would require businesses to provide that training by no later than January 1, 2025, to all their employees in the state who interact with members of the public, as specified. The bill would authorize the department to initiate the adoption of rules, regulations, or standards implementing these provisions by no later than January 1, 2024, or seek an order requiring a business to comply with the trainings requirements.
This bill would require the department to establish a pilot program by on or before January 1, 2025, to recognize businesses that create environments free from discrimination and harassment, harassment and would require the department to develop criteria to evaluate whether that recognition is effective by on or before January 1, 2028, as specified. The bill would repeal the pilot program on July 1, 2028.
This bill would provide that the departments council has the power to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards to interpret, implement, and apply the above provisions. The bill would also grant the department the power to receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of the above provisions and would prohibit a complaint alleging a violation of those provisions from being filed after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or any of the specified characteristics listed above, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.
This bill would require a business to address the harassment, defined as words, gestures, or actions directed at a specific person without the consent of the person on account of any characteristics listed in the Unruh Civil Rights Act, of customers on its premises, including harassment by a third party, by, among other things, posting a sign provided by the department that informs customers of their rights at a business and how to report incidents of harassment.
This bill would require the department to submit, as specified, to the Legislature and Governor, and publish on its internet website, a report summarizing data on harassment at businesses in the state, including data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses, as specified.
This bill would require the department to develop or procure an online training courses course regarding discrimination and harassment, as defined, and make those courses that course available on the departments internet website. The bill would provide for different training requirements for supervisory and nonsupervisory employees and would require the training to include information on laws related to discrimination and harassment and how to identify discrimination and harassment. The bill would require the department to provide employees with a certificate of completion of the training, which the bill would require to be portable across employers. The bill would require businesses to provide that training by January 1, 2025, to all their employees in the state who interact with members of the public, as specified. The bill would authorize the department to initiate the adoption of rules, regulations, or standards implementing these provisions by January 1, 2024, or seek an order requiring a business to comply with the trainings requirements.
This bill would require the department to establish a pilot program by January 1, 2025, to recognize businesses that create environments free from discrimination and harassment, and would require the department to develop criteria to evaluate whether that recognition is effective by January 1, 2028, as specified. The bill would repeal the pilot program on July 1, 2028.
This bill would provide that the departments council has the power to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards to interpret, implement, and apply the above provisions.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or any of the specified characteristics listed above, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.
This bill would require a business to address the harassment, defined as words, gestures, or actions directed at a specific person without the consent of the person on account of any characteristics listed in the Unruh Civil Rights Act, of customers on its premises, including harassment by a third party, by, among other things, posting a sign provided by the department that informs customers of their rights at a business and how to report incidents of harassment.
This bill would require the department to submit, as specified, to the Legislature and Governor, and publish on its internet website, a report summarizing data on harassment at businesses in the state, including data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses, as specified.
This bill would require the department to develop or procure online training courses regarding bias-based discrimination and harassment, as defined, and make those courses available on the departments internet website. The bill would provide for different training requirements for supervisory and nonsupervisory employees and would require the training to include information on laws related to bias-based discrimination and harassment and how to identify bias-based discrimination and harassment. The bill would require the department to provide employees with a certificate of completion of the training, which the bill would require to be portable across employers. The bill would require businesses to provide that training by January 1, 2025, to all their employees in the state who interact with members of the public, as specified. The bill would authorize the department to initiate the adoption of rules, regulations, or standards implementing these provisions by January 1, 2024, or seek an order requiring a business to comply with the trainings requirements.
This bill would require the department to establish a pilot program by January 1, 2025, to recognize businesses that create environments free from bias-based discrimination and harassment, and would require the department to develop criteria to evaluate whether that recognition is effective by January 1, 2028, as specified. The bill would repeal the pilot program on July 1, 2028.
This bill would provide that the departments council has the power to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards to interpret, implement, and apply the above provisions.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or any of the specified characteristics listed above, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.
This bill would require a business to address the harassment, defined as words, gestures, or actions directed at a specific person without the consent of the person on account of any characteristics listed in the Unruh Civil Rights Act, of customers on its premises, including harassment by a third party, by, among other things, posting a sign provided by the department that informs customers of their rights at a business and how to report incidents of harassment.
This bill would require the department to submit, as specified, to the Legislature and Governor, and publish on its internet website, a report summarizing data on harassment at businesses in the state, including data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses, as specified.
This bill would require the department to develop or procure online training courses regarding bias-based discrimination and harassment, as defined, and make those courses available on the departments internet website. The bill would provide for different training requirements for supervisory and nonsupervisory employees and would require the training to include information on laws related to bias-based discrimination and harassment and how to identify bias-based discrimination and harassment. The bill would require the department to provide employees with a certificate of completion of the training training, which the bill would require to be portable across employers. The bill would require businesses to provide that training by January 1, 2025, to all their employees in the state who interact with members of the public, as specified. The bill would authorize the department to initiate the adoption of rules, regulations, or standards implementing these provisions by January 1, 2024, or seek an order requiring a business to comply with the trainings requirements.
This bill would require the department to establish a pilot program to recognize businesses that create environments free from bias-based discrimination and harassment, and establish criteria for that recognition. as specified.
This bill would provide that the departments council has the power to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards to interpret, implement, and apply the above provisions.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or any of the specified characteristics listed above, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.
This bill would require a business address the harassment, defined as words, gestures, or actions directed at a specific person without the consent of the person on account of any characteristics listed in the Unruh Civil Rights Act, of customers on its premises, including harassment by a third party, by, among other things, posting a sign provided by the department that informs customers of their rights at a business and how to report incidents of harassment.
This bill would require the department to submit, as specified, to the Legislature and Governor, and publish on its internet website, a report summarizing data on harassment at businesses in the state, including data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses, as specified.
This bill would require the department to develop or procure online training courses regarding bias-based discrimination and harassment, as defined, and make those courses available on the departments internet website. The bill would provide for different training requirements for supervisory and nonsupervisory employees and require the training to include information on laws related to bias-based discrimination and harassment and how to identify bias-based discrimination and harassment. The bill would require the department to provide employees with a certificate of completion of the training to be portable across employers. The bill would require businesses to provide that training by January 1, 2025, to all their employees in the state who interact with members of the public, as specified. The bill would authorize the department to initiate the adoption of rules, regulations, or standards implementing these provisions by January 1, 2024, or seek an order requiring a business to comply with the trainings requirements.
This bill would require the department to establish a pilot program to recognize businesses that create environments free from bias-based discrimination and harassment, and establish criteria for that recognition.
This bill would provide that the departments council has the power to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards to interpret, implement, and apply the above provisions.
Existing law sets forth maxims of jurisprudence to aid in the just application of the provisions of the Civil Code. One maxim provides that things happen according to the ordinary course of nature and the ordinary habits of life.This bill would make a nonsubstantive change to that maxim.Existing law sets forth maxims of jurisprudence to aid in the just application of the provisions of the Civil Code. One maxim provides that things happen according to the ordinary course of nature and the ordinary habits of life.
This bill would make a nonsubstantive change to that maxim.
(a)For purposes of this section, department refers to the Civil Rights Department.
(b)(1)On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.
(2)To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:
(A)Demonstrating compliance with Section 51.
(B)Offering additional training to educate and inform employees or build skills.
(C)Informing the public of their rights to be free from discrimination and harassment and how to report violations.
(D)Outlining a code of conduct for the public that encourages respectful and civil behavior.
(E)Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.
(3)The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.
(4)On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Section 51, or reduces the incidence of discrimination and harassment at businesses.
(5)Recognition under the pilot program does not establish and is not relevant to any defense of claims brought under existing law.
(c)This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
(a)For purposes of this section, department refers to the Civil Rights Department.
(b)(1)On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.
(2)To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:
(A)Demonstrating compliance with Section 51.
(B)Offering additional training to educate and inform employees or build skills.
(C)Informing the public of their rights to be free from discrimination and harassment and how to report violations.
(D)Outlining a code of conduct for the public that encourages respectful and civil behavior.
(E)Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.
(3)The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.
(4)On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Section 51, or reduces the incidence of discrimination and harassment at businesses.
(5)Recognition under the pilot program does not establish and is not relevant to any defense of claims brought under existing law.
(c)This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
(a)For purposes of this section, department refers to the Civil Rights Department.
(b)(1)On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.
(2)To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:
(A)Demonstrating compliance with Section 51.
(B)Offering additional training to educate and inform employees or build skills.
(C)Informing the public of their rights to be free from discrimination and harassment and how to report violations.
(D)Outlining a code of conduct for the public that encourages respectful and civil behavior.
(E)Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.
(3)The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.
(4)On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Section 51, or reduces the incidence of discrimination and harassment at businesses.
(5)Recognition under the pilot program does not establish and is not relevant to any defense of claims brought under existing law.
(c)This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
(a)For purposes of this section: section, department refers to the Civil Rights Department.
(1)Discrimination and harassment has the same meaning as defined in Section 51.16.(2)Business has the same meaning as defined in Section 51.15.(3)Department refers to the Department of Fair Employment and Housing.(b)(1)On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.
(2)To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:
(A)Demonstrating compliance with Sections 51, 51.5, 51.15, and 51.16. Section 51.
(B)Offering additional training to educate and inform employees or build skills.
(C)Informing the public of their rights to be free from discrimination and harassment and how to report violations.
(D)Outlining a code of conduct for the public that encourages respectful and civil behavior.
(E)Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.
(3)The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.
(4)On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Sections 51, 51.5, 51.15, and 51.16, Section 51, or reduces the incidence of discrimination and harassment at businesses.
(c)This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 30, 2022. (JR11)The Legislature finds and declares all of the following:
(a)All persons in the state are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in businesses, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.
(b)Discrimination and harassment on any of these bases, by any person, interferes with a persons ability to exercise this right. This interference has grave consequences for a persons freedom of movement, physical and mental health and well-being, and ability to care for themselves and their families.
(c)Since the start of the COVID-19 pandemic, the Stop AAPI Hate coalition has received more than 4,100 reports of hate incidents against Asian Americans and Pacific Islanders (AAPIs) in California. More than one-quarter of the incidents occurred in businesses like retail and service establishments. Many incidents involved the racialized, and often gender-based, verbal harassment of AAPI customers by other customers.
(d)AAPIs experiencing racism are more stressed by hate than the pandemic, pandemic and have reported heightened food insecurity due to fears of leaving home to buy food.
(e)AAPIs are not alone in experiencing racialized harassment in businesses. For example, Black customers have long reported unfair treatment while shopping, according to more than two decades of Gallup polling. Nearly 40 percent of Black adults and one-quarter of Hispanic adults reported experiencing race-based discrimination in a store where they were shopping, according to a 2020 survey by the Kaiser Family Foundation and ESPNs The Undefeated. A 20192020 study commissioned by Sephora on racial bias in retail found that two in five shoppers personally experienced unfair treatment based on their race or skin color.
(f)Bias-motivated harassment at businesses is not limited to race or ethnicity. Three-quarters of women in California reported experiencing sexual harassment in a public space, including a store, restaurant, movie theater, or gym, in a May 2019 study by the Center on Gender Equity and Health at the University of California San Diego School of Medicine. More than one-half of LGBTQ respondents in a 2020 Center for American Progress study said they experienced harassment or discrimination in a public place, including a store. Nearly one-third of transgender respondents in the 2015 U.S. Transgender Survey reported being discriminated against, verbally harassed, or physically attacked in retail stores, restaurants, hotels, or movie theaters.
(f)(g)Nor are AAPIs the only community experiencing increased harassment during the COVID-19 pandemic. A survey by Pew Research Center reveals that 4 in 10 Black and Asian adults, and one-quarter of Hispanic adults, report adverse experiences due to their race or ethnicity since the pandemic began, compared to 13 percent of White adults. Asian and Black adults are more likely to say they have been the subject of slurs or jokes or feared being physically attacked or threatened due to their race or ethnicity. The According to the American Jewish Committee, one in four American Jews were the targets of antisemitic incidents, including physical attacks, remarks in person, or remarks online, in 2021, and the Anti-Defamation League reports reported a substantial increase in antisemitic harassment across California in 2021, that same year, which was a year that also saw an all-time high in the number of antisemitic incidents across the country.
(g)(h)Existing law prohibits businesses from discriminating against customers because of a protected characteristic. Existing law also requires businesses, as employers, to maintain worksites free from prohibited discrimination and harassment, including by nonemployees.
(h)(i)Existing law does not explicitly require businesses to protect customers from fellow customers or other third parties engaging in harassment because of a protected characteristic.
(i)(j)The Legislature affirms that all customers, regardless of their race or other protected characteristics, should be free to shop for and buy groceries, medicine, and other goods and services without being targeted for their personal characteristics.
(j)(k)It is the intent of the Legislature to provide additional protections for the civil rights of customers in businesses where bias-motivated harassment takes place, place and to protect a persons right to full and equal accommodations, advantages, facilities, privileges, and services in businesses.
SEC. 2.Section 51.15 is added to the Civil Code, to read:51.15.(a)For purposes of this section:
(1)Harassment means includes words, gestures, or actions directed at a specific person without the consent of that the person finds unwelcome and offensive and that are on account of any characteristics listed or defined in subdivision (b) or (e) of Section 51, or because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has has, or is perceived to have have, one or more of those characteristics.
(2)Business means any a private enterprise with a physical presence in the state that is open to members of the public and has a total of 100 or more employees working in the state, including, but not limited to, restaurants, grocery stores, retail stores, gas stations, banks, and gymnasiums.
(3)Premises means both of the following:
(A)Any An area inside a building that is under the businesss possession, management, or control.
(B)Any other area outside of a building that is under the businesss possession, management, or control, including, but not limited to, outdoor eating areas and parking lots.
(4)Department refers to the Department of Fair Employment and Housing.
(b)It is the intent of the Legislature that all persons within the jurisdiction of this state have the right to be free from harassment at a business because of a characteristic listed or defined in the Unruh Civil Rights Act, or because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has has, or is perceived to have have, one or more of those characteristics.
(c)A business shall address the harassment of customers on its premises, including harassment by a third party who is not affiliated with the business, by doing all of the following:
(1)Posting the sign made available pursuant to subdivision (e) in a visible and conspicuous place notifying customers of their rights at a business and how to report harassment.
(2)Ensuring that employees are trained in accordance with Section 51.16.
(3)Having a policy regarding how the business collects and maintains data related to incidents of harassment by a third party, party who is not affiliated with the business, collecting and maintaining the data in accordance with this policy, notifying employees of this policy, and submitting this data to the department upon the departments request.
(d)The department shall create a standardized form for businesses to report the data pursuant to paragraph (3) of subdivision (c). The form shall specify that employees are to make good faith determinations as to whether an incident qualifies as harassment for the purposes of reporting the data.
(e)The department shall develop and publish on its internet website a sign that informs customers of their rights at a business and how to report incidents of harassment, including by a third party, to the business or the department.
(f)Notwithstanding Section 10231.5 of the Government Code, by (1)On or before January 1, 2024, and on or before January 1 of each year thereafter, the department shall annually submit to the Legislature and the Governor, and shall publish on its internet website, a report summarizing aggregate data on harassment at businesses in the state. state, which may be disaggregated by categories, such as type of business or geographic area. The report shall include data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses pursuant to paragraph (3) of subdivision (c). The report shall exclude any personally identifiable information of any individual. The report shall be reasonably calculated to prevent the association of data with an individual business or person. The report may be combined with other reporting required of the department.
(g)(2)A report to be submitted pursuant to this subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code.
(h)(g)(1)This section shall not be construed to require an employee of a business to intervene in the harassment of customers on the businesss premises by a third party.
(2)A This section shall not be construed to authorize a business, or any person acting on behalf of the business, shall not to retaliate against an employee for any actions taken, or not taken, pursuant to this section.
(3)An employee of a business is not personally liable for any violations of this section.
(i)(h)This section shall not be construed to override or supersede a business establishments duties as required by this part part, the Labor Code, or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). This section shall not be construed to override or supersede a business establishments applicable duties of care under existing law.
SEC. 3.Section 51.16 is added to the Civil Code, to read:51.16.(a)For purposes of this section:
(1)Discrimination and harassment means discrimination and other conduct prohibited under Sections 51, 51.5, and 51.7, and harassment as defined in Section 51.15.
(2)Business has the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)No later than June 30, 2024, the department shall develop or procure, and make available on its internet website, an online training course for employees of businesses regarding discrimination and harassment at businesses, businesses that is at least one hour in length but no longer than two hours.
(2)The training shall include, but not be limited to, the following information:
(A)Summaries of federal and state statutes relating to discrimination against and harassment of customers at businesses, including, but not limited to, Sections 51, 51.5, 51.7, and 51.15, the any duties of a business pursuant to these sections, how to identify and report those acts to the department, and remedies available to victims.
(B)How to identify discrimination and harassment, including examples in which the perpetrator is a business or an employee, examples in which the perpetrator is a third party who is not the business or its employees, and examples that address the intersection of race and gender.
(C)How to contact the department with questions related to the training.
(3)The training shall include an interactive feature that requires a viewer to respond to a question periodically in order for the course to continue to play.
(4)The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion, which shall be portable across employers.
(c)(1)No later than January 1, 2025, a business shall provide the training made available pursuant to subdivision (b) to all its employees in the state who interact with members of the public.
(2)After January 1, 2025, the business shall provide the training required by this section as follows:
(A)Subject to subparagraph (B), once every two years to all its employees in the state who interact with members of the public.
(B)Six months from the date of an employees hire or promotion, unless the employee has received the training from a previous employer pursuant to this section within the two years preceding their hire.
(d)The training required by this section shall take place during regularly scheduled work hours, on paid time, and at a time dedicated solely to the training.
(e)The department may seek an order requiring a business to comply with this section.
(f)The department may adopt rules, regulations, or standards to implement this section, and, if the department elects to do so, the rules, regulations, or standards shall be initiated no later than January 1, 2024.
(g)A businesss failure to comply with this section may be relevant to, but shall not alone create liability for, violating Section 51, 51.5, or 51.7.
(h)It is the intent of the Legislature that the training required by this section establishes a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training regarding discrimination and harassment.
SEC. 4.Section 51.17 is added to the Civil Code, to read:51.17.(a)For purposes of this section:
(1)Discrimination and harassment has the same meaning as defined in Section 51.16.
(2)Business has the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)By On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.
(2)To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:
(A)Demonstrating compliance with Sections 51, 51.5, 51.7, 51.15, and 51.16.
(B)Offering additional training to educate and inform employees or build skills.
(C)Informing the public of their rights to be free from discrimination and harassment and how to report violations.
(D)Outlining a code of conduct for the public that encourages respectful and civil behavior.
(E)Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.
(3)The department shall provide a certificate to qualifying businesses that may be prominently displayed on site, site and publish on its internet website a database of businesses receiving that certificate.
(4)By On or before January 1, 2028, the department shall develop criteria to evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Sections 51, 51.5, 51.7, 51.15, and 51.16, or reduces the incidence of discrimination and harassment at businesses.
(c)This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
SEC. 5.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, duties, and powers:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.9, 51.15, 51.16, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(5)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Section 1197.5 of the Labor Code. The department shall, in coordination with the Division of Labor Standards Enforcement within the Department of Industrial Relations, adopt procedures to ensure that the departments coordinate activities to enforce Section 1197.5 of the Labor Code.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 of this code, or Title VII of the Civil Rights Act of 1964 (Public Law 88-352; 42 U.S.C. Sec. 2000 et seq.), as amended, the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. 12101, et seq.), as amended, or the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint, an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On a challenge, pursuant to Section 1094.5 of the Code of Civil Procedure, to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
SEC. 5.SEC. 6.Section 12935 of the Government Code is amended to read:12935.The council shall have the following functions, powers, and duties:
(a)To adopt, promulgate, amend, and rescind suitable rules, regulations, and standards that do either of the following:
(1)Interpret, implement, and apply all provisions of this part, Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of this code, Sections 51, 51.5, 51.7, 51.15, 51.16, 51.17, 54, 54.1, and 54.2 of the Civil Code, and Section 1197.5 of the Labor Code.
(A)As of January 1, 2017, Chapter 1 (commencing with Section 98000), Chapter 2 (commencing with Section 98100), and Chapter 3 (commencing with Section 98200) of Division 8 of Title 22 of the California Code of Regulations shall be transferred from the portion of the California Code of Regulations that is under the authority of the California Health and Human Services Agency to the portion of the California Code of Regulations that is under the authority of the department, and upon transfer shall be deemed adopted by the council.
(B)The council shall, within existing resources and pursuant to Chapter 3.5 (commencing with Section 11340), adopt additional regulations, as necessary, and amend or repeal, as necessary, regulations transferred to the department from the California Health and Human Services Agency relating to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1.
(2)Carry out all other functions and duties of the council pursuant to this part.
(b)To meet at any place within the state and function in any office of the department.
(c)To create or provide technical assistance to any advisory agencies and conciliation councils, local or otherwise, as in its judgment will aid in effectuating the purposes of this part, and to empower them to study the problems of discrimination in all or specific fields of human relationships or in particular instances of employment discrimination on the bases enumerated in this part or in specific instances of housing discrimination on the bases enumerated in this part and to foster, through community effort or otherwise, good will, cooperation, and conciliation among the groups and elements of the population of the state and to make recommendations to the Fair Employment and Housing Council for the development of policies and procedures in general except for procedural rules and regulations that carry out the investigation, prosecution, and dispute resolution functions and duties of the department. These advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay.
(d)To hold hearings, issue publications, results of inquiries and research, and reports to the Governor and the Legislature that, in its judgment, will tend to aid in effectuating the purpose of this part, promote good will, cooperation, and conciliation, and minimize or eliminate unlawful discrimination, or advance civil rights in the State of California.
SEC. 7.Section 12960 of the Government Code is amended to read:12960.(a) This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6.
(b)For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.
(c)Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof and contain other information as may be required by the department. The director or the directors authorized representative may in like manner, on that persons own motion, make, sign, and file a complaint.
(d)Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action.
(e)(1)A complaint alleging a violation of Section 51, 51.5, 51.7, 51.15, 51.16, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.
(2)A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.
(3)A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.
(4)A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.
(5)A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.
(6)Notwithstanding paragraphs (1) through (5), inclusive, the filing periods set forth by this section may be extended as follows:
(A)For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.
(B)For a period of time not to exceed one year following a rebutted presumption of the identity of the persons employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer.
(C)For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.
(D)For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.
(E)For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section.
(f)(1)Notwithstanding any tolling or limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the department for an alleged violation of that statute until either of the following:
(A)The department files a civil action for the alleged violation under this part.
(B)One year after the department issues written notice to a complainant that it has closed its investigation without electing to file a civil action for the alleged violation.
(2)The tolling provided under this subdivision shall apply retroactively.
(3)This subdivision is not intended to revive claims that have already lapsed.
The Legislature finds and declares all of the following:
(a)All persons in the state are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in businesses, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.
(b)Discrimination and harassment on any of these bases, by any person, interferes with a persons ability to exercise this right. This interference has grave consequences for a persons freedom of movement, physical and mental health and well-being, and ability to care for themselves and their families.
(c)Since the start of the COVID-19 pandemic, the Stop AAPI Hate coalition has received more than 4,100 reports of hate incidents against Asian Americans and Pacific Islanders (AAPIs) in California. More than one-quarter of the incidents occurred in businesses like retail and service establishments. Many incidents involved the racialized, and often gender-based, verbal harassment of AAPI customers by other customers.
(d)AAPIs experiencing racism are more stressed by hate than the pandemic, and have reported heightened food insecurity due to fears of leaving home to buy food.
(e)AAPIs are not alone in experiencing racialized harassment in businesses. For example, Black customers have long reported unfair treatment while shopping, according to more than two decades of Gallup polling.
(f)Nor are AAPIs the only community experiencing heightened racialized increased harassment during the COVID-19 pandemic. A survey by Pew Research Center reveals that 4 in 10 Black and Asian adults, and one-quarter of Hispanic adults, report adverse experiences due to their race or ethnicity since the pandemic began, compared to 13 percent of White adults. Asian and Black adults are more likely to say they have been the subject of slurs or jokes or feared being physically attacked or threatened due to their race or ethnicity. The Anti-Defamation League reports a substantial increase in antisemitic harassment across California in 2021, a year that also saw an all-time high in the number of antisemitic incidents across the country.
(g)Existing law prohibits businesses from discriminating against customers because of a protected characteristic. Existing law also requires businesses, as employers, to maintain worksites free from prohibited discrimination and harassment, including by nonemployees.
(h)Existing law does not explicitly require businesses to protect customers from fellow customers or other third parties engaging in harassment because of a protected characteristic.
(i)The Legislature affirms that all customers, regardless of their race or other protected characteristics, should be free to shop for and buy groceries, medicine, and other goods and services without being targeted for their personal characteristics.
(j)It is the intent of the Legislature to provide additional protections for the civil rights of customers in businesses where bias-motivated harassment takes place, and to protect a persons right to full and equal accommodations, advantages, facilities, privileges, and services in businesses.
SEC. 2.Section 51.15 is added to the Civil Code, to read:51.15.(a)For purposes of this section:
(1)Harassment means words, gestures, or actions directed at a specific person without the consent of the person on account of any characteristics listed or defined in subdivision (b) or (e) of Section 51, or because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has or is perceived to have one or more of those characteristics.
(2)Business means any private enterprise with a physical presence in the state that is open to members of the public and has a total of 100 or more employees working in the state, including, but not limited to, restaurants, grocery stores, retail stores, gas stations, banks, and gymnasiums.
(3)Premises means both of the following:
(A)Any area inside a building that is under the businesss possession, management, or control.
(B)Any other area outside of a building that is under the businesss possession, management, or control, including, but not limited to, outdoor eating areas and parking lots.
(4)Department refers to the Department of Fair Employment and Housing.
(b)It is the intent of the Legislature that all persons within the jurisdiction of this state have the right to be free from harassment at a business because of a characteristic listed or defined in the Unruh Civil Rights Act, or because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has or is perceived to have one or more of those characteristics.
(c)A business shall address the harassment of customers on its premises, including harassment by a third party who is not affiliated with the business, by doing all of the following:
(1)Posting the sign made available pursuant to subdivision (d) (e) in a visible and conspicuous place notifying customers of their rights at a business and how to report harassment.
(2)Ensuring that employees are trained in accordance with Section 51.16.
(3)Having a policy regarding how the business collects and maintains data related to incidents of harassment by a third party, collecting and maintaining the data in accordance with this policy, notifying employees of this policy, and submitting this data to the department upon the departments request.
(d)The department shall create a standardized form for businesses to report the data pursuant to paragraph (3) of subdivision (c).
(e)The department shall develop and publish on its internet website a sign that informs customers of their rights at a business and how to report incidents of harassment, including by a third party, to the business or the department.
(f)Notwithstanding Section 10231.5 of the Government Code, by January 1, 2024, and January 1 of each year thereafter, the department shall annually submit to the Legislature and the Governor, and shall publish on its internet website, a report summarizing data on harassment at businesses in the state. The report shall include data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses pursuant to paragraph (3) of subdivision (c). The report shall exclude any personally identifiable information of any individual. The report may be combined with other reporting required of the department.
(g)A report to be submitted pursuant to subdivision (e) (f) shall be submitted in compliance with Section 9795 of the Government Code.
(h)(1)This section shall not be construed to require an employee of a business to intervene in the harassment of customers on the businesss premises by a third party.
(2)A business, or any person acting on behalf of the business, shall not retaliate against an employee for any actions taken, or not taken, pursuant to this section.
(3)An employee of a business is not personally liable for any violations of this section.
(i)This section shall not be construed to override or supersede a business establishments duties as required by this part or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).
SEC. 3.Section 51.16 is added to the Civil Code, to read:51.16.(a)For purposes of this section:
(1)Discrimination and harassment means discrimination and other conduct prohibited under Sections 51, 51.5, and 51.7, and harassment as defined in Section 51.15.
(2)Business has the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)No later than June 30, 2024, the department shall develop or procure, and make available on its internet website, two an online training courses, one for supervisory employees and one for nonsupervisory employees, course for employees of businesses regarding discrimination and harassment at businesses. The training shall be at least two hours for supervisory employees and at least one hour for nonsupervisory employees. businesses, that is at least one hour in length but no longer than two hours.
(2)The training shall include, but not be limited to, the following information:
(A)Summaries of federal and state statutes relating to discrimination against and harassment of customers at businesses, including, but not limited to, Sections 51, 51.5, 51.7, and 51.15, the duties of a business pursuant to these sections, how to identify and report those acts to the department, and remedies available to victims.
(B)How to identify discrimination and harassment, including examples in which the perpetrator is a business or an employee, examples in which the perpetrator is a third party who is not the business or its employees, and examples that address the intersection of race and gender.
(3)The training shall include an interactive feature that requires a viewer to respond to a question periodically in order for the course to continue to play.
(4)The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion, which shall be portable across employers.
(c)(1)No later than January 1, 2025, a business shall provide the training made available pursuant to subdivision (b) to all its employees in the state who interact with members of the public.
(2)After January 1, 2025, the business shall provide the training required by this section as follows:
(A)Subject to subparagraph (B), once every two years to all its employees in the state who interact with members of the public.
(B)Six months from the date of an employees hire or promotion, unless the employee has received the training from a previous employer pursuant to this section within the two years preceding their hire.
(d)The training required by this section shall take place during regularly scheduled work hours, on paid time, and at a time dedicated solely to the training.
(e)The department may seek an order requiring a business to comply with this section.
(f)The department may adopt rules, regulations, or standards to implement this section, and, if the department elects to do so, the rules, regulations, or standards shall be initiated no later than January 1, 2024.
(g)A businesss failure to comply with this section may be relevant to, but shall not alone create liability for, violating Section 51, 51.5, or 51.7.
(h)It is the intent of the Legislature that the training required by this section establishes a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training regarding discrimination and harassment.
SEC. 4.Section 51.17 is added to the Civil Code, to read:51.17.(a)For purposes of this section:
(1)Discrimination and harassment has the same meaning as defined in Section 51.16.
(2)Business has the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)By January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.
(2)To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:
(A)Demonstrating compliance with Sections 51, 51.5, 51.7, 51.15, and 51.16.
(B)Offering additional training to educate and inform employees or build skills.
(C)Informing the public of their rights to be free from discrimination and harassment and how to report violations.
(D)Outlining a code of conduct for the public that encourages respectful and civil behavior.
(E)Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.
(3)The department shall provide a certificate to qualifying businesses that may be prominently displayed on site, and publish on its internet website a database of businesses receiving that certificate.
(4)By January 1, 2028, the department shall develop criteria to evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Sections 51, 51.5, 51.7, 51.15, and 51.16, or reduces the incidence of discrimination and harassment at businesses.
(c)This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
SEC. 5.Section 12935 of the Government Code is amended to read:12935.The council shall have the following functions, powers, and duties:
(a)To adopt, promulgate, amend, and rescind suitable rules, regulations, and standards that do either of the following:
(1)Interpret, implement, and apply all provisions of this part, Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of this code, Sections 51, 51.5, 51.7, 51.15, 51.16, 51.17, 54, 54.1, and 54.2 of the Civil Code, and Section 1197.5 of the Labor Code.
(A)As of January 1, 2017, Chapter 1 (commencing with Section 98000), Chapter 2 (commencing with Section 98100), and Chapter 3 (commencing with Section 98200) of Division 8 of Title 22 of the California Code of Regulations shall be transferred from the portion of the California Code of Regulations that is under the authority of the California Health and Human Services Agency to the portion of the California Code of Regulations that is under the authority of the department, and upon transfer shall be deemed adopted by the council.
(B)The council shall, within existing resources and pursuant to Chapter 3.5 (commencing with Section 11340), adopt additional regulations, as necessary, and amend or repeal, as necessary, regulations transferred to the department from the California Health and Human Services Agency relating to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1.
(2)Carry out all other functions and duties of the council pursuant to this part.
(b)To meet at any place within the state and function in any office of the department.
(c)To create or provide technical assistance to any advisory agencies and conciliation councils, local or otherwise, as in its judgment will aid in effectuating the purposes of this part, and to empower them to study the problems of discrimination in all or specific fields of human relationships or in particular instances of employment discrimination on the bases enumerated in this part or in specific instances of housing discrimination on the bases enumerated in this part and to foster, through community effort or otherwise, good will, cooperation, and conciliation among the groups and elements of the population of the state and to make recommendations to the Fair Employment and Housing Council for the development of policies and procedures in general except for procedural rules and regulations that carry out the investigation, prosecution, and dispute resolution functions and duties of the department. These advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay.
(d)To hold hearings, issue publications, results of inquiries and research, and reports to the Governor and the Legislature that, in its judgment, will tend to aid in effectuating the purpose of this part, promote good will, cooperation, and conciliation, and minimize or eliminate unlawful discrimination, or advance civil rights in the State of California.
The Legislature finds and declares all of the following:
(a)All persons in the state are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in businesses, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.
(b)Discrimination and harassment on any of these bases, by any person, interferes with a persons ability to exercise this right. This interference has grave consequences for a persons freedom of movement, physical and mental health and well-being, and ability to care for themselves and their families.
(c)Since the start of the COVID-19 pandemic, the Stop AAPI Hate coalition has received more than 4,100 reports of hate incidents against Asian Americans and Pacific Islanders (AAPIs) in California. More than one-quarter of the incidents occurred in businesses like retail and service establishments. Many incidents involved the racialized, and often gender-based, verbal harassment of AAPI customers by other customers.
(d)AAPIs experiencing racism are more stressed by hate than the pandemic, and have reported heightened food insecurity due to fears of leaving home to buy food.
(e)AAPIs are not alone in experiencing racialized harassment in businesses. For example, Black customers have long reported unfair treatment while shopping, according to more than two decades of Gallup polling.
(f)Nor are AAPIs the only community experiencing heightened racialized harassment during the COVID-19 pandemic. A survey by Pew Research Center reveals that 4 in 10 Black and Asian adults, and one-quarter of Hispanic adults, report adverse experiences due to their race or ethnicity since the pandemic began, compared to 13 percent of White adults. Asian and Black adults are more likely to say they have been the subject of slurs or jokes or feared being physically attacked or threatened due to their race or ethnicity.
(g)Existing law prohibits businesses from discriminating against customers because of a protected characteristic. Existing law also requires businesses, as employers, to maintain worksites free from prohibited discrimination and harassment, including by nonemployees.
(h)Existing law does not explicitly require businesses to protect customers from fellow customers or other third parties engaging in harassment because of a protected characteristic.
(i)The Legislature affirms that all customers, regardless of their race or other protected characteristics, should be free to shop for and buy groceries, medicine, and other goods and services without being targeted for their personal characteristics.
(j)It is the intent of the Legislature to provide additional protections for the civil rights of customers in businesses where bias-motivated harassment takes place, and to protect a persons right to full and equal accommodations, advantages, facilities, privileges, and services in businesses.
SEC. 2.Section 51.15 is added to the Civil Code, to read:51.15.(a)For purposes of this section:
(1)Harassment means words, gestures, or actions directed at a specific person without the consent of the person on account of any characteristics listed or defined in subdivision (b) or (e) of Section 51, or because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has or is perceived to have one or more of those characteristics.
(2)Business means any private enterprise with a physical presence in the state that is open to members of the public and has a total of 100 or more employees working in the state, including, but not limited to, restaurants, grocery stores, retail stores, gas stations, banks, and gymnasiums.
(3)Premises means both of the following:
(A)Any area inside a building that is under the businesss possession, management, or control.
(B)Any other area outside of a building that is under the businesss possession, management, or control, including, but not limited to, outdoor eating areas and parking lots.
(4)Department refers to the Department of Fair Employment and Housing.
(b)It is the intent of the Legislature that all persons within the jurisdiction of this state have the right to be free from harassment at a business because of a characteristic listed or defined in the Unruh Civil Rights Act, or because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has or is perceived to have one or more of those characteristics.
(c)A business shall address the harassment of customers on its premises, including harassment by a third party who is not affiliated with the business, by doing all of the following:
(1)Posting the sign made available pursuant to subdivision (d) in a visible and conspicuous place notifying customers of their rights at a business and how to report harassment.
(2)Ensuring that employees are trained in accordance with Section 51.16.
(3)Having a policy regarding how the business collects and maintains data related to incidents of harassment by a third party, collecting and maintaining the data in accordance with this policy, notifying employees of this policy, and submitting this data to the department upon the departments request.
(d)The department shall create a standardized form for businesses to report the data pursuant to paragraph (3) of subdivision (c).
(d)(e)The department shall develop and publish on its internet website a sign that informs customers of their rights at a business and how to report incidents of harassment, including by a third party, to the business or the department.
(e)(f)Notwithstanding Section 10231.5 of the Government Code, by January 1, 2024, and January 1 of each year thereafter, the department shall annually submit to the Legislature and the Governor, and shall publish on its internet website, a report summarizing data on harassment at businesses in the state. The report shall include data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses pursuant to paragraph (3) of subdivision (c). The report shall exclude any personally identifiable information of any individual. The report may be combined with other reporting required of the department.
(f)(g)A report to be submitted pursuant to subdivision (e) shall be submitted in compliance with Section 9795 of the Government Code.
(g)(h)(1)This section shall not be construed to require an employee of a business to intervene in the harassment of customers on the businesss premises by a third party.
(2)A business, or any person acting on behalf of the business, shall not retaliate against an employee for any actions taken, or not taken, pursuant to this section.
(3)An employee of a business is not personally liable for any violations of this section.
(h)(i)This section shall not be construed to override or supersede a business establishments duties as required by this part or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).
SEC. 3.Section 51.16 is added to the Civil Code, to read:51.16.(a)For purposes of this section:
(1)Bias-based discrimination Discrimination and harassment means discrimination and other conduct prohibited under Sections 51, 51.5, and 51.7, and harassment as defined in Section 51.15.
(2)Business has the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)No later than June 30, 2024, the department shall develop or procure, and make available on its internet website, two online training courses, one for supervisory employees and one for nonsupervisory employees, regarding bias-based discrimination and harassment at businesses. The training shall be at least two hours for supervisory employees and at least one hour for nonsupervisory employees.
(2)The training shall include, but not be limited to, the following information:
(A)Summaries of federal and state statutes relating to bias-based discrimination against and harassment against of customers at businesses, including, but not limited to, Sections 51, 51.5, 51.7, and 51.15, the duties of a business or its employees pursuant to these sections, how to identify and report those acts to the department, and remedies available to victims.
(B)How to identify bias-based discrimination and harassment, including examples of bias-based discrimination and harassment, examples in which the perpetrator is a business or an employee, examples in which the perpetrator is a third party who is not the business or its employees, and examples that address the intersection of race and gender.
(3)The training shall include an interactive feature that requires a viewer to respond to a question periodically in order for the course to continue to play.
(4)The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion, which shall be portable across employers.
(c)(1)No later than January 1, 2025, a business shall provide the training made available pursuant to subdivision (b) to all its employees in the state who interact with members of the public.
(2)After January 1, 2025, the business shall provide the training required by this section as follows:
(A)Subject to subparagraph (B), once every two years to all its employees in the state who interact with members of the public.
(B)Six months from the date of an employees hire or promotion, unless the employee has received the training from a previous employer pursuant to this section within the two years preceding their hire.
(d)The training required by this section shall take place during regularly scheduled work hours, on paid time, and at a time dedicated solely to the training.
(e)The department may seek an order requiring a business to comply with this section.
(f)The department may adopt rules, regulations, or standards to implement this section, and, if the department elects to do so, the rules, regulations, or standards shall be initiated no later than January 1, 2024.
(g)A businesss failure to comply with this section may be relevant to, but shall not alone create liability for, violating Section 51, 51.5, or 51.7.
(h)It is the intent of the Legislature that the training required by this section establishes a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training regarding bias-based discrimination and harassment.
SEC. 4.Section 51.17 is added to the Civil Code, to read:51.17.(a)For purposes of this section:
(1)Bias-based discrimination Discrimination and harassment has the same meaning as defined in Section 51.16.
(2)Business shall have has the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)The By January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from bias-based discrimination and harassment of customers.
(2)To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:
(A)Meeting the requirements of Demonstrating compliance with Sections 51, 51.5, 51.7, 51.15, and 51.16.
(B)Offering additional training to educate and inform employees or build skills.
(C)Informing the public of their rights to be free from bias-based discrimination and harassment and how to report violations.
(D)Outlining a code of conduct for the public that encourages respectful and civil behavior.
(E)Any other actions designed to prevent and respond to bias-based discrimination and harassment regardless of the identity of the perpetrator.
(3)The department shall provide a certificate to qualifying businesses that may be prominently displayed on site, and publish on its internet website a database of businesses receiving that certificate.
(4)The By January 1, 2028, the department shall develop criteria to evaluate whether that recognition is effective, including including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses, businesses with Sections 51, 51.5, 51.7, 51.15, and 51.16, or reduces the incidence of bias-based discrimination and harassment at businesses.
(c)This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
SEC. 5.Section 12935 of the Government Code is amended to read:12935.The council shall have the following functions, powers, and duties:
(a)To adopt, promulgate, amend, and rescind suitable rules, regulations, and standards that do either of the following:
(1)Interpret, implement, and apply all provisions of this part, Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of this code, Sections 51, 51.5, 51.7, 51.15, 51.16, 51.17, 54, 54.1, and 54.2 of the Civil Code, and Section 1197.5 of the Labor Code.
(A)As of January 1, 2017, Chapter 1 (commencing with Section 98000), Chapter 2 (commencing with Section 98100), and Chapter 3 (commencing with Section 98200) of Division 8 of Title 22 of the California Code of Regulations shall be transferred from the portion of the California Code of Regulations that is under the authority of the California Health and Human Services Agency to the portion of the California Code of Regulations that is under the authority of the department, and upon transfer shall be deemed adopted by the council.
(B)The council shall, within existing resources and pursuant to Chapter 3.5 (commencing with Section 11340), adopt additional regulations, as necessary, and amend or repeal, as necessary, regulations transferred to the department from the California Health and Human Services Agency relating to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1.
(2)Carry out all other functions and duties of the council pursuant to this part.
(b)To meet at any place within the state and function in any office of the department.
(c)To create or provide technical assistance to any advisory agencies and conciliation councils, local or otherwise, as in its judgment will aid in effectuating the purposes of this part, and to empower them to study the problems of discrimination in all or specific fields of human relationships or in particular instances of employment discrimination on the bases enumerated in this part or in specific instances of housing discrimination on the bases enumerated in this part and to foster, through community effort or otherwise, good will, cooperation, and conciliation among the groups and elements of the population of the state and to make recommendations to the Fair Employment and Housing Council for the development of policies and procedures in general except for procedural rules and regulations that carry out the investigation, prosecution, and dispute resolution functions and duties of the department. These advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay.
(d)To hold hearings, issue publications, results of inquiries and research, and reports to the Governor and the Legislature that, in its judgment, will tend to aid in effectuating the purpose of this part, promote good will, cooperation, and conciliation, and minimize or eliminate unlawful discrimination, or advance civil rights in the State of California.
REVISIONS: HeadingLine 2.The Legislature finds and declares all of the following:
(a)All persons in the state are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in businesses, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language language, or immigration status.
(b)Discrimination and harassment on any of these bases, by any person, interferes with a persons ability to exercise this right. This interference has grave consequences for a persons freedom of movement, physical and mental health and well-being, and ability to care for themselves and their families.
(c)According to Stop AAPI Hate, nearly 5,000 hate incidents against Asian Americans and Pacific Islanders (AAPIs) have been reported in California since Since the start of the COVID-19 pandemic. pandemic, the Stop AAPI Hate coalition has received more than 4,100 reports of hate incidents against Asian Americans and Pacific Islanders (AAPIs) in California. More than one-quarter of the incidents occur occurred in businesses like retail and service establishments. Many incidents involve involved the racialized, and often gender-based, verbal harassment of AAPI customers by other customers.
(d)AAPIs experiencing racism are more stressed by hate than the pandemic, and have reported heightened food insecurity due to fears of leaving home to buy food.
(e)AAPIs are not alone in experiencing racialized harassment in businesses. For example, Black customers have long reported unfair treatment while shopping, according to more than two decades of Gallup polling.
(f)Nor are AAPIs the only community experiencing heightened racialized harassment during the COVID-19 pandemic. A survey by Pew Research Center reveals that 4 in 10 Black and Asian adults, and one-quarter of Hispanic adults, report adverse experiences due to their race or ethnicity since the pandemic began, compared to 13 percent of White adults. Asian and Black adults are more likely to say they have been the subject of slurs or jokes or feared being physically attacked or threatened due to their race or ethnicity.
(g)Existing law prohibits businesses from discriminating against customers because of a protected characteristic. Existing law also requires businesses, as employers, to maintain worksites free from prohibited discrimination and harassment, including by nonemployees.
(h)Existing law does not explicitly require businesses to protect customers from fellow customers or other third parties engaging in harassment because of a protected characteristic.
(i)The Legislature affirms that all customers, regardless of their race or other protected characteristics, should be free to shop for and buy groceries, medicine, and other goods and services without being targeted for their personal characteristics.
(j)It is the intent of the Legislature to provide additional civil rights protections to for the civil rights of customers in businesses where bias-motivated harassment takes place, and to protect a persons right to full and equal accommodations, advantages, facilities, privileges, and services in businesses.
SEC. 2.Section 51.15 is added to the Civil Code, to read:51.15.(a)For purposes of this section:
(1)Harassment means words, gestures, or actions directed at a specific person without the consent of the person on account of any characteristics listed or defined in subdivision (b) or (e) of Section 51, or because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has or is perceived to have one or more of those characteristics.
(2)Business means any private enterprise with a physical presence in the state that is open to members of the public and has a total of 100 or more employees working in the state, including, but not limited to, restaurants, grocery stores, retail stores, gas stations, banks, and gymnasiums.
(3)Premises means both of the following:
(A)Any area inside the a building that is under the businesss possession, management, or control.
(B)Any other area outside of the a building that is under the businesss possession, management, or control, including, but not limited to, outdoor eating areas and parking lots.
(4)Department refers to the Department of Fair Employment and Housing.
(b)It is the intent of the Legislature that all persons within the jurisdiction of this state have the right to be free from harassment at a business because of a characteristic listed or defined in the Unruh Civil Rights Act, or because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has or is perceived to have one or more of those characteristics.
(c)A business shall address the harassment of customers on its premises, including harassment by a third party who is not affiliated with the business, by doing all of the following:
(1)Posting the sign made available pursuant to subdivision (d) in a visible and conspicuous place notifying customers of their rights at a business and how to report harassment.
(2)Ensuring that employees are trained in accordance with Section 51.16.
(3)Having a policy regarding how the business collects and maintains data related to incidents of harassment by a third party, collecting and maintaining the data in accordance with this policy, notifying employees of this policy, and submitting this data to the department upon the departments request.
(d)The department shall develop and publish on its internet website a sign that informs customers of their rights at a business and how to report incidents of harassment, including by a third party, to the business or the department.
(e)By December 31, 2023, and December 31 Notwithstanding Section 10231.5 of the Government Code, by January 1, 2024, and January 1 of each year thereafter, the department shall annually submit to the Legislature and the Governor, and shall publish on its internet website, a report summarizing data on harassment at businesses in the state. The report shall include data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses pursuant to paragraph (3) of subdivision (c). The report shall exclude any personally identifiable information of any individual. The report may be combined with other reporting required of the department.
(f)(1)The requirement for submitting a report imposed under subdivision (e) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code. (2)(f)A report to be submitted pursuant to subdivision (e) shall be submitted in compliance with Section 9795 of the Government Code.
(g)(1)This section shall not be construed to require an employee of a business to intervene in the harassment of customers on the businesss premises by a third party.
(2)A business, or any person acting on behalf of the business, shall not retaliate against an employee for any actions taken, or not taken, pursuant to this section.
(3)An employee of a business is not personally liable for any violations of this section.
(h)This section shall not be construed to override or supersede a business establishments duties as required by this part or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).
SEC. 3.Section 51.16 is added to the Civil Code, to read:51.16.(a)For purposes of this section:
(1)Bias-based discrimination and harassment means discrimination and other conduct prohibited under Sections 51, 51.5, and 51.7, and harassment as defined in Section 51.15.
(2)Business shall have has the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)No later than June 30, 2024, the department shall develop or procure, and make available on its internet website, two online training courses, one for supervisory employees and one for nonsupervisory employees, regarding bias-based discrimination and harassment at businesses. The training shall be at least two hours for supervisory employees and at least one hour for nonsupervisory employees.
(2)The training shall include, but not be limited to, the following information:
(A)Summaries of federal and state statutes relating to bias-based discrimination and harassment against customers at businesses, including, but not limited to, Sections 51, 51.5, 51.7, and 51.15, the duties of a business or its employees pursuant to these sections, how to report those acts to the department, and remedies available to victims.
(B)How to identify bias-based discrimination and harassment, including examples of bias-based discrimination and harassment, examples where in which the perpetrator is an employee and employee, examples where in which the perpetrator is a third party who is not the business or its employees, and examples that address the intersection of race and gender.
(3)The training shall include an interactive feature that requires a viewer to respond to a question periodically in order for the course to continue to play.
(4)The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion, which shall be portable across employers.
(c)(1)No later than January 1, 2025, a business shall provide the training made available pursuant to subdivision (b) to all its employees in the state who interact with members of the public. After
(2)After January 1, 2025, the business shall provide the training required by this section once as follows:
(A)Subject to subparagraph (B), once every two years to all its employees in the state who interact with members of the public, and shall provide that training to new employees who interact with members of the public within six public.
(B)Six months from the date of their an employees hire or promotion. promotion, unless the employee has received the training from a previous employer pursuant to this section within the two years preceding their hire.
(d)(1)The training required by this section shall take place during regularly scheduled work hours, on paid time, and at a time dedicated solely to the training.
(2)For new employees who have received training from a previous employer in compliance with this section, the requirements of subdivision (c) with respect to new hires shall be considered met and the employee shall be placed on a two-year training schedule.(e)The department may seek an order requiring a business to comply with this section.
(f)The department may adopt rules, regulations, or standards to implement this section, and, if the department elects to do so, the rules, regulations, or standards shall be initiated no later than January 1, 2024.
(g)A businesss failure to comply with this section may be relevant to, but shall not alone create liability for for, violating Section 51, 51.5, or 51.7.
(h)It is the intent of the Legislature that the training required by this section establishes a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training regarding bias-based discrimination and harassment.
SEC. 4.Section 51.17 is added to the Civil Code, to read:51.17.(a)For purposes of this section:
(1)Bias-based discrimination and harassment has the same meaning as defined in Section 51.16.
(2)Business shall have the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)The department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from bias-based discrimination and harassment of customers.
(2)To qualify for recognition under the pilot program, a business must shall meet the criteria set out by the department, which may include, but not be limited to, the following:
(A)Meeting the requirements of Sections 51, 51.5, 51.7, 51.15, and 51.16.
(B)Offering additional training to educate and inform employees or build skills.
(C)Informing the public of their rights to be free from bias-based discrimination and harassment and how to report violations.
(D)Outlining a code of conduct for the public that encourages respectful and civil behavior.
(E)Any other actions designed to prevent and respond to bias-based discrimination and harassment regardless of the identity of the perpetrator.
(3)The department shall provide a certificate to qualifying businesses that may be prominently displayed on site, and publish on its internet website a database of businesses receiving that certificate.
(4)The department shall develop criteria to evaluate whether that recognition is effective, including whether it affects customer behavior, incentivizes compliance among businesses, or reduces the incidence of bias-based discrimination and harassment at businesses.
SEC. 5.Section 12935 of the Government Code is amended to read:12935.The council shall have the following functions, powers, and duties:
(a)To adopt, promulgate, amend, and rescind suitable rules, regulations, and standards that do either of the following:
(1)Interpret, implement, and apply all provisions of this part, Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of this code, Sections 51, 51.5, 51.7, 51.15, 51.16, 51.17, 54, 54.1, and 54.2 of the Civil Code, and Section 1197.5 of the Labor Code.
(A)As of January 1, 2017, Chapter 1 (commencing with Section 98000), Chapter 2 (commencing with Section 98100), and Chapter 3 (commencing with Section 98200) of Division 8 of Title 22 of the California Code of Regulations shall be transferred from the portion of the California Code of Regulations that is under the authority of the California Health and Human Services Agency to the portion of the California Code of Regulations that is under the authority of the department, and upon transfer shall be deemed adopted by the council.
(B)The council shall, within existing resources and pursuant to Chapter 3.5 (commencing with Section 11340), adopt additional regulations, as necessary, and amend or repeal, as necessary, regulations transferred to the department from the California Health and Human Services Agency relating to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1.
(2)Carry out all other functions and duties of the council pursuant to this part.
(b)To meet at any place within the state and function in any office of the department.
(c)To create or provide technical assistance to any advisory agencies and conciliation councils, local or otherwise, as in its judgment will aid in effectuating the purposes of this part, and to empower them to study the problems of discrimination in all or specific fields of human relationships or in particular instances of employment discrimination on the bases enumerated in this part or in specific instances of housing discrimination on the bases enumerated in this part and to foster, through community effort or otherwise, good will, cooperation, and conciliation among the groups and elements of the population of the state and to make recommendations to the Fair Employment and Housing Council for the development of policies and procedures in general except for procedural rules and regulations that carry out the investigation, prosecution, and dispute resolution functions and duties of the department. These advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay.
(d)To hold hearings, issue publications, results of inquiries and research, and reports to the Governor and the Legislature that, in its judgment, will tend to aid in effectuating the purpose of this part, promote good will, cooperation, and conciliation, and minimize or eliminate unlawful discrimination, or advance civil rights in the State of California.
The Legislature finds and declares all of the following:
(a)All persons in the state are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in businesses, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language or immigration status.
(b)Discrimination and harassment on any of these bases, by any person, interferes with a persons ability to exercise this right. This interference has grave consequences for a persons freedom of movement, physical and mental health and well-being, and ability to care for themselves and their families.
(c)According to Stop AAPI Hate, nearly 5,000 hate incidents against Asian Americans and Pacific Islanders (AAPIs) have been reported in California since the start of the COVID-19 pandemic. More than one-quarter of incidents occur in businesses like retail and service establishments. Many incidents involve the racialized, and often gender-based, verbal harassment of AAPI customers by other customers.
(d)AAPIs experiencing racism are more stressed by hate than the pandemic, and have reported heightened food insecurity due to fears of leaving home to buy food.
(e)AAPIs are not alone in experiencing racialized harassment in businesses. For example, Black customers have long reported unfair treatment while shopping, according to more than two decades of Gallup polling.
(f)Nor are AAPIs the only community experiencing heightened racialized harassment during the COVID-19 pandemic. A survey by Pew Research Center reveals that 4 in 10 Black and Asian adults, and one-quarter of Hispanic adults, report adverse experiences due to their race or ethnicity since the pandemic began, compared to 13 percent of White adults. Asian and Black adults are more likely to say they have been the subject of slurs or jokes or feared being physically attacked or threatened due to their race or ethnicity.
(g)Existing law prohibits businesses from discriminating against customers because of a protected characteristic. Existing law also requires businesses, as employers, to maintain worksites free from prohibited discrimination and harassment, including by nonemployees.
(h)Existing law does not explicitly require businesses to protect customers from fellow customers or other third parties engaging in harassment because of a protected characteristic.
(i)The Legislature affirms that all customers, regardless of their race or other protected characteristics, should be free to shop for and buy groceries, medicine, and other goods and services without being targeted for their personal characteristics.
(j)It is the intent of the Legislature to provide additional civil rights protections to customers in businesses where bias-motivated harassment takes place, and to protect a persons right to full and equal accommodations, advantages, facilities, privileges, and services in businesses.
SEC. 2.Section 51.15 is added to the Civil Code, to read:51.15.(a)For purposes of this section:
(1)Harassment means words, gestures, or actions directed at a specific person without the consent of the person on account of any characteristics listed or defined in subdivision (b) or (e) of Section 51, or because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has or is perceived to have one or more of those characteristics.
(2)Business means any private enterprise with a physical presence in the state that is open to members of the public and has a total of 100 or more employees working in the state, including, but not limited to, restaurants, grocery stores, retail stores, gas stations, banks, and gymnasiums.
(3)Premises means both of the following:
(A)Any area inside the building that is under the businesss possession, management, or control.
(B)Any other area outside of the building that is under the businesss possession, management, or control, including, but not limited to, outdoor eating areas and parking lots.
(4)Department refers to the Department of Fair Employment and Housing.
(b)It is the intent of the Legislature that all persons within the jurisdiction of this state have the right to be free from harassment at a business because of a characteristic listed or defined in the Unruh Civil Rights Act, or because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has or is perceived to have one or more of those characteristics.
(c)A business shall address the harassment of customers on its premises, including harassment by a third party who is not affiliated with the business, by doing all of the following:
(1)Posting the sign made available pursuant to subdivision (d) in a visible and conspicuous place notifying customers of their rights at a business and how to report harassment.
(2)Ensuring that employees are trained in accordance with Section 51.16.
(3)Having a policy regarding how the business collects and maintains data related to incidents of harassment by a third party, notifying employees of this policy, and submitting this data to the department upon the departments request.
(d)The department shall develop and publish on its internet website a sign that informs customers of their rights at a business and how to report incidents of harassment, including by a third party, to the business or the department.
(e)By December 31, 2023, and December 31 of each year thereafter, the department shall annually submit to the Legislature and the Governor, and shall publish on its internet website, a report summarizing data on harassment at businesses in the state. The report shall include data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses pursuant to paragraph (3) of subdivision (c). The report shall exclude any personally identifiable information of any individual. The report may be combined with other reporting required of the department.
(f)(1)The requirement for submitting a report imposed under subdivision (e) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (e) shall be submitted in compliance with Section 9795 of the Government Code.
(g)(1)This section shall not be construed to require an employee of a business to intervene in the harassment of customers on the businesss premises by a third party.
(2)A business, or any person acting on behalf of the business, shall not retaliate against an employee for any actions taken, or not taken, pursuant to this section.
(3)An employee of a business is not personally liable for any violations of this section.
(h)This section shall not be construed to override or supersede a business establishments duties as required by this part or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).
SEC. 3.Section 51.16 is added to the Civil Code, to read:51.16.(a)For purposes of this section:
(1)Bias-based discrimination and harassment means discrimination and other conduct prohibited under Sections 51, 51.5, and 51.7, and harassment as defined in Section 51.15.
(2)Business shall have the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)No later than June 30, 2024, the department shall develop or procure, and make available on its internet website, two online training courses, one for supervisory employees and one for nonsupervisory employees, regarding bias-based discrimination and harassment at businesses. The training shall be at least two hours for supervisory employees and at least one hour for nonsupervisory employees.
(2)The training shall include, but not be limited to, the following information:
(A)Summaries of federal and state statutes relating to bias-based discrimination and harassment against customers at businesses, including, but not limited to, Sections 51, 51.5, 51.7, and 51.15, the duties of a business or its employees pursuant to these sections, how to report those acts to the department, and remedies available to victims.
(B)How to identify bias-based discrimination and harassment, including examples of bias-based discrimination and harassment, examples where the perpetrator is an employee and examples where the perpetrator is a third party who is not the business or its employees, and examples that address the intersection of race and gender.
(3)The training shall include an interactive feature that requires a viewer to respond to a question periodically in order for the course to continue to play.
(4)The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion, which shall be portable across employers.
(c)No later than January 1, 2025, a business shall provide the training made available pursuant to subdivision (b) to all its employees in the state who interact with members of the public. After January 1, 2025, the business shall provide training required by this section once every two years to all its employees in the state who interact with members of the public, and shall provide that training to new employees who interact with members of the public within six months from the date of their hire or promotion.
(d)(1)The training required by this section shall take place during regularly scheduled work hours, on paid time, and at a time dedicated solely to the training.
(2)For new employees who have received training from a previous employer in compliance with this section, the requirements of subdivision (c) with respect to new hires shall be considered met and the employee shall be placed on a two-year training schedule.
(e)The department may seek an order requiring a business to comply with this section.
(f)The department may adopt rules, regulations, or standards to implement this section, and, if the department elects to do so, the rules, regulations, or standards shall be initiated no later than January 1, 2024.
(g)A businesss failure to comply with this section shall not alone create liability for violating Section 51, 51.5, or 51.7.
(h)It is the intent of the Legislature that the training required by this section establishes a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training regarding bias-based discrimination and harassment.
SEC. 4.Section 51.17 is added to the Civil Code, to read:51.17.(a)For purposes of this section:
(1)Bias-based discrimination and harassment has the same meaning as defined in Section 51.16.
(2)Business shall have the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)The department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from bias-based discrimination and harassment of customers.
(2)To qualify for recognition under the pilot program, a business must meet criteria set out by the department, which may include, but not be limited to, the following:
(A)Meeting the requirements of Sections 51, 51.5, 51.7, 51.15, and 51.16.
(B)Offering additional training to educate and inform employees or build skills.
(C)Informing the public of their rights to be free from bias-based discrimination and harassment and how to report violations.
(D)Outlining a code of conduct for the public that encourages respectful and civil behavior.
(E)Any other actions designed to prevent and respond to bias-based discrimination and harassment regardless of the identity of the perpetrator.
(3)The department shall provide a certificate to qualifying businesses that may be prominently displayed on site, and publish on its internet website a database of businesses receiving that certificate.
(4)The department shall develop criteria to evaluate whether that recognition is effective, including whether it affects customer behavior, incentivizes compliance among businesses, or reduces the incidence of bias-based discrimination and harassment at businesses.
SEC. 5.Section 12935 of the Government Code is amended to read:12935.The council shall have the following functions, powers, and duties:
(a)To adopt, promulgate, amend, and rescind suitable rules, regulations, and standards that do either of the following:
(1)Interpret, implement, and apply all provisions of this part, Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of this code, Sections 51, 51.5, 51.7, 51.15, 51.16, 51.17, 54, 54.1, and 54.2 of the Civil Code, and Section 1197.5 of the Labor Code.
(A)As of January 1, 2017, Chapter 1 (commencing with Section 98000), Chapter 2 (commencing with Section 98100), and Chapter 3 (commencing with Section 98200) of Division 8 of Title 22 of the California Code of Regulations shall be transferred from the portion of the California Code of Regulations that is under the authority of the California Health and Human Services Agency to the portion of the California Code of Regulations that is under the authority of the department, and upon transfer shall be deemed adopted by the council.
(B)The council shall, within existing resources and pursuant to Chapter 3.5 (commencing with Section 11340), adopt additional regulations, as necessary, and amend or repeal, as necessary, regulations transferred to the department from the California Health and Human Services Agency relating to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1.
(2)Carry out all other functions and duties of the council pursuant to this part.
(b)To meet at any place within the state and function in any office of the department.
(c)To create or provide technical assistance to any advisory agencies and conciliation councils, local or otherwise, as in its judgment will aid in effectuating the purposes of this part, and to empower them to study the problems of discrimination in all or specific fields of human relationships or in particular instances of employment discrimination on the bases enumerated in this part or in specific instances of housing discrimination on the bases enumerated in this part and to foster, through community effort or otherwise, good will, cooperation, and conciliation among the groups and elements of the population of the state and to make recommendations to the Fair Employment and Housing Council for the development of policies and procedures in general except for procedural rules and regulations that carry out the investigation, prosecution, and dispute resolution functions and duties of the department. These advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay.
(d)To hold hearings, issue publications, results of inquiries and research, and reports to the Governor and the Legislature that, in its judgment, will tend to aid in effectuating the purpose of this part, promote good will, cooperation, and conciliation, and minimize or eliminate unlawful discrimination, or advance civil rights in the State of California.
SECTION 1.Section 3546 of the Civil Code is amended to read:3546.Things happen according to the ordinary course of nature and to the ordinary habits of life.Things happen according to the ordinary course of nature and to the ordinary habits of life.
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Date
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Status
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|---|---|
| Sep 13, 2022 | Chaptered by Secretary of State - Chapter 315, Statutes of 2022. |
| Sep 13, 2022 | Approved by the Governor. |
| Sep 9, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). |
| Aug 29, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 29, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5209.). |
| Aug 25, 2022 | Read second time. Ordered to third reading. |
| Aug 24, 2022 | Read third time and amended. Ordered to second reading. |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 11). |
| Aug 2, 2022 | In committee: Referred to suspense file. |
| Jun 30, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 29). |
| Jun 22, 2022 | From committee: Do pass and re-refer to Com. on L., P.E. & R. (Ayes 11. Noes 0.) (June 21). Re-referred to Com. on L., P.E. & R. |
| Jun 8, 2022 | Referred to Coms. on JUD. and L., P.E. & R. |
| May 26, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4992.) |
| May 23, 2022 | Read second time. Ordered to third reading. |
| May 19, 2022 | From committee: Amend, and do pass as amended. (Ayes 14. Noes 0.) (May 19). |
| May 4, 2022 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 21, 2022 | Coauthors revised. |
| Apr 19, 2022 | Re-referred to Com. on L. & E. |
| Apr 18, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
| Apr 5, 2022 | From committee: Do pass and re-refer to Com. on L. & E. (Ayes 9. Noes 0.) (April 5). Re-referred to Com. on L. & E. |
| Mar 31, 2022 | Re-referred to Com. on JUD. |
| Mar 30, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 21, 2022 | Re-referred to Com. on JUD. |
| Mar 17, 2022 | Referred to Coms. on JUD. and L. & E. |
| Feb 18, 2022 | From printer. May be heard in committee March 20. |
| Feb 17, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 30, 2022 | AB 2448 Ting Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 29, 2022 | Assembly 3rd Reading AB2448 Ting et al. By Pan | Senate Floor |
Passed |
|
| May 25, 2022 | AB 2448 Ting Assembly Third Reading | Assembly Floor |
Passed |
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