AB 1815: Discrimination: race: hairstyles.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-26
Current Status:
Passed
(2024-09-26: Chaptered by Secretary of State - Chapter 619, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
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 their 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, makes it unlawful to engage in specified discriminatory employment practices based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations, and prohibits housing discrimination based on specified personal characteristics, including race.
Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state, and to prohibit acts that are contrary to that policy and to provide remedies therefor.
Existing law prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. The California Fair Employment and Housing Act and public school policy define the term race for purposes of those provisions to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined.
This bill would remove the term historically from the definitions of race, thus defining race to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and would add those definitions for race and protective hairstyle to the Unruh Civil Rights Act.
This bill would declare that its provisions are declaratory of existing law.
This bill would incorporate additional changes to Section 51 of the Civil Code proposed by SB 1137 to be operative only if this bill and SB 1137 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 1022 and SB 1137 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
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 their 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, makes it unlawful to engage in specified discriminatory employment practices based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations, and prohibits housing discrimination based on specified personal characteristics, including race.
Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state, and to prohibit acts that are contrary to that policy and to provide remedies therefor.
Existing law prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. The California Fair Employment and Housing Act and public school policy define the term race for purposes of those provisions to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined.
This bill would remove the term historically from the definitions of race, thus defining race to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and would add those definitions for race and protective hairstyle to the Unruh Civil Rights Act.
This bill would declare that its provisions are declaratory of existing law.
This bill would incorporate additional changes to Section 51 of the Civil Code proposed by SB 1137 to be operative only if this bill and SB 1137 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 1022 and SB 1137 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
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 their 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, makes it unlawful to engage in specified discriminatory employment practices based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations, and prohibits housing discrimination based on specified personal characteristics, including race.
Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state, and to prohibit acts that are contrary to that policy and to provide remedies therefor.
Existing law prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. The California Fair Employment and Housing Act and public school policy define the term race for purposes of those provisions to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined.
This bill would remove the term historically from the definitions of race, thus defining race to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and would add those definitions for race and protective hairstyle to the Unruh Civil Rights Act.
This bill would declare that its provisions are declaratory of existing law.
This bill would incorporate additional changes to Section 51 of the Civil Code proposed by SB 1137 to be operative only if this bill and SB 1137 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 1022 and SB 1137 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
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 their 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, makes it unlawful to engage in specified discriminatory employment practices based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations, and prohibits housing discrimination based on specified personal characteristics, including race.
Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state, and to prohibit acts that are contrary to that policy and to provide remedies therefor.
Existing law prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. The California Fair Employment and Housing Act and public school policy define the term race for purposes of those provisions to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined.
This bill would remove the term historically from the definitions of race, thus defining race to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and would add those definitions for race and protective hairstyle to the Unruh Civil Rights Act.
This bill would declare that its provisions are declaratory of existing law.
This bill would incorporate additional changes to Section 51 of the Civil Code proposed by SB 1137 to be operative only if this bill and SB 1137 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 1022 and SB 1137 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
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 their 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, makes it unlawful to engage in specified discriminatory employment practices based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations, and prohibits housing discrimination based on specified personal characteristics, including race.
Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state, and to prohibit acts that are contrary to that policy and to provide remedies therefor.
Existing law prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. The California Fair Employment and Housing Act and public school policy define the term race for purposes of those provisions to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined.
This bill would remove the term historically from the definitions of race, thus defining race to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and would add those definitions for race and protective hairstyle to the Unruh Civil Rights Act.
This bill would declare that its provisions are declaratory of existing law.
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 their 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, makes it unlawful to engage in specified discriminatory employment practices based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations, and prohibits housing discrimination based on specified personal characteristics, including race.
Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state, and to prohibit acts that are contrary to that policy and to provide remedies therefor.
Existing law also prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. Existing law defines The California Fair Employment and Housing Act and public school policy define the term race for purposes of these those provisions to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined.
This bill would prohibit an amateur sports organization, as defined, from discriminating against any person on the basis of race, inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, in the operation, conduct, or administration of a youth or amateur sports competition, training, camp, or club.This bill would remove the term historically from the definitions of race, thus defining race to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and would add those definitions for race and protective hairstyle to the Unruh Civil Rights Act.
Existing law, the California Fair Employment and Housing Act, makes it unlawful to engage in specified discriminatory employment practices based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations, and prohibits housing discrimination based on specified personal characteristics, including race.
Existing law also prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. Existing law defines the term race for purposes of these provisions to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined.
This bill would prohibit an amateur sports organization, as defined, from discriminating against any person on the basis of race, inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, in the operation, conduct, or administration of a youth or amateur sports competition, training, camp, or club.
(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)Disability means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)Genetic information means, with respect to any individual, information about any of the following:
(i)The individuals genetic tests.
(ii)The genetic tests of family members of the individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)Genetic information does not include information about the sex or age of any individual.
(3)Medical condition has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(5)Religion includes all aspects of religious belief, observance, and practice.
(6)Sex includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(7)Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.
(8)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
SEC. 1.5.Section 51 of the Civil Code is amended to read:51.(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)Disability means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)Genetic information means, with respect to any individual, information about any of the following:
(i)The individuals genetic tests.
(ii)The genetic tests of family members of the individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)Genetic information does not include information about the sex or age of any individual.
(3)Medical condition has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(5)Religion includes all aspects of religious belief, observance, and practice.
(6)Sex includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(7)Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status includes any of the following:
(A)Any combination of those characteristics.
(B)A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics.
(C)A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories.
(8)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
SEC. 2.Section 212.1 of the Education Code is amended to read:212.1.(a)Race or ethnicity includes ancestry, color, ethnic group identification, and ethnic background.
(b)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(c)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
SEC. 3.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
SEC. 3.1.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:
(1)Any combination of those characteristics.
(2)A perception that the person has any of those characteristics or any combination of those characteristics.
(3)A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
SEC. 3.2.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
(z)(1)Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declarative of, and clarifies, existing law.
(2)Changes made to subdivisions (w) and (x) by the measure that added this paragraph do not constitute changes in, but are declaratory of, existing law.
SEC. 3.3.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:
(1)Any combination of those characteristics.
(2)A perception that the person has any of those characteristics or any combination of those characteristics.
(3)A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
(z)(1)Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declarative of, and clarifies, existing law.
(2)Changes made to subdivisions (w) and (x) by the measure that added this paragraph do not constitute changes in, but are declaratory of, existing law.
SEC. 4.The amendment of Section 51 of the Civil Code, Section 212.1 of the Education Code, and Section 12926 of the Government Code made by this act does not constitute a change in, but is declaratory of, existing law.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 51 of the Civil Code proposed by both this bill and Senate Bill 1137. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 51 of the Civil Code, and (3) this bill is enacted after Senate Bill 1137, in which case Section 1 of this bill shall not become operative.
SEC. 6.(a)Section 3.1 of this bill incorporates amendments to Section 12926 of the Government Code proposed by both this bill and Senate Bill 1137. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 12926 of the Government Code, (3) Senate Bill 1102 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1137, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative.
(b)Section 3.2 of this bill incorporates amendments to Section 12926 of the Government Code proposed by both this bill and Senate Bill 1022. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 12926 of the Government Code, (3) Senate Bill 1137 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1022, in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative.
(c)Section 3.3 of this bill incorporates amendments to Section 12926 of the Government Code proposed by this bill, Senate Bill 1022, and Senate Bill 1137. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 12926 of the Government Code, and (3) this bill is enacted after Senate Bill 1022 and Senate Bill 1137, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.
(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)Disability means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)Genetic information means, with respect to any individual, information about any of the following:
(i)The individuals genetic tests.
(ii)The genetic tests of family members of the individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)Genetic information does not include information about the sex or age of any individual.
(3)Medical condition has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(5)Religion includes all aspects of religious belief, observance, and practice.
(6)Sex includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(7)Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.
(8)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
SEC. 1.5.Section 51 of the Civil Code is amended to read:51.(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)Disability means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)Genetic information means, with respect to any individual, information about any of the following:
(i)The individuals genetic tests.
(ii)The genetic tests of family members of the individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)Genetic information does not include information about the sex or age of any individual.
(3)Medical condition has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(5)Religion includes all aspects of religious belief, observance, and practice.
(6)Sex includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(7)Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status includes any of the following:
(A)Any combination of those characteristics.
(B)A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics.
(C)A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories.
(8)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
SEC. 2.Section 212.1 of the Education Code is amended to read:212.1.(a)Race or ethnicity includes ancestry, color, ethnic group identification, and ethnic background.
(b)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(c)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
SEC. 3.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
SEC. 3.1.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:
(1)Any combination of those characteristics.
(2)A perception that the person has any of those characteristics or any combination of those characteristics.
(3)A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
SEC. 3.2.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
(z)(1)Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declarative of, and clarifies, existing law.
(2)Changes made to subdivisions (w) and (x) by the measure that added this paragraph do not constitute changes in, but are declaratory of, existing law.
SEC. 3.3.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:
(1)Any combination of those characteristics.
(2)A perception that the person has any of those characteristics or any combination of those characteristics.
(3)A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
(z)(1)Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declarative of, and clarifies, existing law.
(2)Changes made to subdivisions (w) and (x) by the measure that added this paragraph do not constitute changes in, but are declaratory of, existing law.
SEC. 4.The amendment of Section 51 of the Civil Code, Section 212.1 of the Education Code, and Section 12926 of the Government Code made by this act does not constitute a change in, but is declaratory of, existing law.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 51 of the Civil Code proposed by both this bill and Senate Bill 1137. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 51 of the Civil Code, and (3) this bill is enacted after Senate Bill 1137, in which case Section 1 of this bill shall not become operative.
SEC. 6.(a)Section 3.1 of this bill incorporates amendments to Section 12926 of the Government Code proposed by both this bill and Senate Bill 1137. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 12926 of the Government Code, (3) Senate Bill 1102 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1137, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative.
(b)Section 3.2 of this bill incorporates amendments to Section 12926 of the Government Code proposed by both this bill and Senate Bill 1022. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 12926 of the Government Code, (3) Senate Bill 1137 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1022, in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative.
(c)Section 3.3 of this bill incorporates amendments to Section 12926 of the Government Code proposed by this bill, Senate Bill 1022, and Senate Bill 1137. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 12926 of the Government Code, and (3) this bill is enacted after Senate Bill 1022 and Senate Bill 1137, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.
(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)Disability means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)Genetic information means, with respect to any individual, information about any of the following:
(i)The individuals genetic tests.
(ii)The genetic tests of family members of the individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)Genetic information does not include information about the sex or age of any individual.
(3)Medical condition has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(5)Religion includes all aspects of religious belief, observance, and practice.
(6)Sex includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(7)Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.
(8)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
SEC. 1.5.Section 51 of the Civil Code is amended to read:51.(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)Disability means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)Genetic information means, with respect to any individual, information about any of the following:
(i)The individuals genetic tests.
(ii)The genetic tests of family members of the individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)Genetic information does not include information about the sex or age of any individual.
(3)Medical condition has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(5)Religion includes all aspects of religious belief, observance, and practice.
(6)Sex includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(7)Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status includes any of the following:
(A)Any combination of those characteristics.
(B)A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics.
(C)A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories.
(8)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
SEC. 2.Section 212.1 of the Education Code is amended to read:212.1.(a)Race or ethnicity includes ancestry, color, ethnic group identification, and ethnic background.
(b)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(c)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
SEC. 3.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
SEC. 3.1.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:
(1)Any combination of those characteristics.
(2)A perception that the person has any of those characteristics or any combination of those characteristics.
(3)A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
SEC. 3.2.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
(z)(1)Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declarative of, and clarifies, existing law.
(2)Changes made to subdivisions (w) and (x) by the measure that added this paragraph do not constitute changes in, but are declaratory of, existing law.
SEC. 3.3.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:
(1)Any combination of those characteristics.
(2)A perception that the person has any of those characteristics or any combination of those characteristics.
(3)A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
(z)(1)Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declarative of, and clarifies, existing law.
(2)Changes made to subdivisions (w) and (x) by the measure that added this paragraph do not constitute changes in, but are declaratory of, existing law.
SEC. 4.The amendment of Section 51 of the Civil Code, Section 212.1 of the Education Code, and Section 12926 of the Government Code made by this act does not constitute a change in, but is declaratory of, existing law.
SEC. 5.Section 2.5 1.5 of this bill incorporates amendments to Section 51 of the Civil Code proposed by both this bill and Senate Bill 1137. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 51 of the Civil Code, and (3) this bill is enacted after Senate Bill 1137, in which case Section 2 1 of this bill shall not become operative.
SEC. 6.(a)Section 3.1 of this bill incorporates amendments to Section 12926 of the Government Code proposed by both this bill and Senate Bill 1137. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 12926 of the Government Code, (3) Senate Bill 1102 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1137, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative.
(b)Section 3.2 of this bill incorporates amendments to Section 12926 of the Government Code proposed by both this bill and Senate Bill 1022. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 12926 of the Government Code, (3) Senate Bill 1137 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1022, in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative.
(c)Section 3.3 of this bill incorporates amendments to Section 12926 of the Government Code proposed by this bill, Senate Bill 1022, and Senate Bill 1137. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 12926 of the Government Code, and (3) this bill is enacted after Senate Bill 1022 and Senate Bill 1137, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.
(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)Disability means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)Genetic information means, with respect to any individual, information about any of the following:
(i)The individuals genetic tests.
(ii)The genetic tests of family members of the individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)Genetic information does not include information about the sex or age of any individual.
(3)Medical condition has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(5)Religion includes all aspects of religious belief, observance, and practice.
(6)Sex includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(7)Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.
(8)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
SEC. 1.5.Section 51 of the Civil Code is amended to read:51.(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)Disability means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)Genetic information means, with respect to any individual, information about any of the following:
(i)The individuals genetic tests.
(ii)The genetic tests of family members of the individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)Genetic information does not include information about the sex or age of any individual.
(3)Medical condition has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(4)(5)Religion includes all aspects of religious belief, observance, and practice.
(5)(6)Sex includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(6)(7)Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories. status includes any of the following:
(A)Any combination of those characteristics.
(B)A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics.
(C)A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories.
(7)(8)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
SEC. 2.Section 212.1 of the Education Code is amended to read:212.1.(a)Race or ethnicity includes ancestry, color, ethnic group identification, and ethnic background.
(b)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(c)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
SEC. 3.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
SEC. 3.1.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. any of the following:
(1)Any combination of those characteristics.
(2)A perception that the person has any of those characteristics or any combination of those characteristics.
(3)A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locks, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
SEC. 3.2.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locks, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
(z)(1)Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declarative of, and clarifies, existing law.
(2)Changes made to subdivisions (w) and (x) by the measure that added this paragraph do not constitute changes in, but are declaratory of, existing law.
SEC. 3.3.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. any of the following:
(1)Any combination of those characteristics.
(2)A perception that the person has any of those characteristics or any combination of those characteristics.
(3)A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locks, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
(z)(1)Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declarative of, and clarifies, existing law.
(2)Changes made to subdivisions (w) and (x) by the measure that added this paragraph do not constitute changes in, but are declaratory of, existing law.
SEC. 4.The amendment of Section 51 of the Civil Code, Section 212.1 of the Education Code, and Section 12926 of the Government Code made by this act does not constitute a change in, but is declaratory of, existing law.
SEC. 5.Section 2.5 of this bill incorporates amendments to Section 51 of the Civil Code proposed by both this bill and Senate Bill 1137. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 51 of the Civil Code, and (3) this bill is enacted after Senate Bill 1137, in which case Section 2 of this bill shall not become operative.
SEC. 6.(a)Section 3.1 of this bill incorporates amendments to Section 12926 of the Government Code proposed by both this bill and Senate Bill 1137. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 12926 of the Government Code, (3) Senate Bill 1102 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1137, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative.
(b)Section 3.2 of this bill incorporates amendments to Section 12926 of the Government Code proposed by both this bill and Senate Bill 1022. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 12926 of the Government Code, (3) Senate Bill 1137 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1022, in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative.
(c)Section 3.3 of this bill incorporates amendments to Section 12926 of the Government Code proposed by this bill, Senate Bill 1022, and Senate Bill 1137. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 12926 of the Government Code, and (3) this bill is enacted after Senate Bill 1022 and Senate Bill 1137, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.
(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)Disability means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)Genetic information means, with respect to any individual, information about any of the following:
(i)The individuals genetic tests.
(ii)The genetic tests of family members of the individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)Genetic information does not include information about the sex or age of any individual.
(3)Medical condition has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles includes, but is not limited to, such hairstyles as braids, locks, locs, and twists.
(5)Religion includes all aspects of religious belief, observance, and practice.
(6)Sex includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(7)Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.
(8)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
SEC. 2.Section 212.1 of the Education Code is amended to read:212.1.(a)Race or ethnicity includes ancestry, color, ethnic group identification, and ethnic background.
(b)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(c)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
SEC. 3.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locks, locs, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
SEC. 4.The amendment of Section 51 of the Civil Code, Section 212.1 of the Education Code, and Section 12926 of the Government Code made by this act does not constitute a change in, but is declaratory of, existing law.
(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.
(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.
(e)For purposes of this section:
(1)Disability means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.
(2)(A)Genetic information means, with respect to any individual, information about any of the following:
(i)The individuals genetic tests.
(ii)The genetic tests of family members of the individual.
(iii)The manifestation of a disease or disorder in family members of the individual.
(B)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(C)Genetic information does not include information about the sex or age of any individual.
(3)Medical condition has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.
(4)Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles includes, but is not limited to, such hairstyles as braids, locks, and twists.
(4)(5)Religion includes all aspects of religious belief, observance, and practice.
(5)(6)Sex includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(6)(7)Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.
(7)(8)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.
(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.
(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.
SEC. 2.Section 212.1 of the Education Code is amended to read:212.1.(a)Race or ethnicity includes ancestry, color, ethnic group identification, and ethnic background.
(b)Race is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
(c)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
SEC. 3.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b)Age refers to the chronological age of any individual who has reached a 40th birthday.
(c)Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d)Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e)Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f)Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1)A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A)The function may be essential because the reason the position exists is to perform that function.
(B)The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C)The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2)Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A)The employers judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or interviewing applicants for the job.
(C)The amount of time spent on the job performing the function.
(D)The consequences of not requiring the incumbent to perform the function.
(E)The terms of a collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G)The current work experience of incumbents in similar jobs.
(g)(1)Genetic information means, with respect to any individual, information about any of the following:
(A)The individuals genetic tests.
(B)The genetic tests of family members of the individual.
(C)The manifestation of a disease or disorder in family members of the individual.
(2)Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3)Genetic information does not include information about the sex or age of any individual.
(h)Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i)Medical condition means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2)Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B)Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j)Mental disability includes, but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A)Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B)A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C)Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2)Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k)Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l)On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m)Physical disability includes, but is not limited to, all of the following:
(1)Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A)Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i)Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii)Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2)Any other health impairment not described in paragraph (1) that requires special education or related services.
(3)Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4)Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5)Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6)Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n)Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o)Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
(p)Reasonable accommodation may include either of the following:
(1)Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2)Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q)Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r)(1)Sex includes, but is not limited to, the following:
(A)Pregnancy or medical conditions related to pregnancy.
(B)Childbirth or medical conditions related to childbirth.
(C)Breastfeeding or medical conditions related to breastfeeding.
(2)Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s)Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t)Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u)Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1)The nature and cost of the accommodation needed.
(2)The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3)The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4)The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5)The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v)National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w)Race is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
(x)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locks, and twists.
(y)Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
SECTION 1.Section 53.8 is added to the Civil Code, immediately following Section 53.7, to read:53.8.(a)For purposes of this section, the following definitions shall apply:(1)Amateur sports organization means an organization, business, nonprofit entity, or a local governmental agency that sponsors or conducts youth or amateur sports competitions, training, camps, or clubs. Amateur sports organization does not include collegiate sports organizations and professional sports organizations.(2)Collegiate sports organization means an athletic organization in which the participants are teams from a public or private institution of higher learning or an individual competing on behalf of a public or private institution of higher learning.(3)Professional sports organization means an athletic organization in which the participants receive compensation for competing in a sporting event. Any organization that qualifies as a collegiate sports organization shall not be considered a professional sports organization regardless of whether competitors are compensated.(4)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locks, and twists.(5)Race is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.(b)An amateur sports organization shall not discriminate against any person on the basis of race in the operation, conduct, or administration of a youth or amateur sports competition, training, camp, or club within this state. REVISIONS: HeadingLine 3.(a)For purposes of this section, the following definitions shall apply:
(1)Amateur sports organization means an organization, business, nonprofit entity, or a local governmental agency that sponsors or conducts youth or amateur sports competitions, training, camps, or clubs. Amateur sports organization does not include collegiate sports organizations and professional sports organizations.
(2)Collegiate sports organization means an athletic organization in which the participants are teams from a public or private institution of higher learning or an individual competing on behalf of a public or private institution of higher learning.
(3)Professional sports organization means an athletic organization in which the participants receive compensation for competing in a sporting event. Any organization that qualifies as a collegiate sports organization shall not be considered a professional sports organization regardless of whether competitors are compensated.
(4)Protective hairstyles includes, but is not limited to, such hairstyles as braids, locks, and twists.
(5)Race is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.
(b)An amateur sports organization shall not discriminate against any person on the basis of race in the operation, conduct, or administration of a youth or amateur sports competition, training, camp, or club within this state.
|
Date
|
Status
|
|---|---|
| Sep 26, 2024 | Chaptered by Secretary of State - Chapter 619, Statutes of 2024. |
| Sep 26, 2024 | Approved by the Governor. |
| Sep 5, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 27, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). |
| Aug 27, 2024 | Assembly Rule 77 suspended. |
| Aug 26, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77. |
| Aug 26, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 22, 2024 | Read second time. Ordered to third reading. |
| Aug 21, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 15, 2024 | Read second time. Ordered to third reading. |
| Aug 14, 2024 | Read third time and amended. Ordered to second reading. |
| Jun 18, 2024 | Read second time. Ordered to third reading. |
| Jun 17, 2024 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 4, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 4). Re-referred to Com. on APPR. |
| May 23, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| May 15, 2024 | Referred to Com. on JUD. |
| May 2, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 2, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 5079.) |
| Apr 25, 2024 | Read second time. Ordered to third reading. |
| Apr 24, 2024 | From committee: Do pass. (Ayes 14. Noes 0.) (April 24). |
| Apr 2, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 1.) (April 2). Re-referred to Com. on APPR. |
| Apr 2, 2024 | Coauthors revised. |
| Apr 1, 2024 | Re-referred to Com. on JUD. |
| Mar 21, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 11, 2024 | In committee: Hearing postponed by committee. |
| Mar 6, 2024 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jan 22, 2024 | Referred to Com. on JUD. |
| Jan 11, 2024 | From printer. May be heard in committee February 10. |
| Jan 10, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2024 | AB 1815 Weber Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 26, 2024 | Assembly 3rd Reading AB1815 Weber et al. By Smallwood-Cuevas | Senate Floor |
Passed |
|
| Jun 4, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| May 2, 2024 | AB 1815 Weber Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 24, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 2, 2024 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aclu California Action | ** Support | |
| Alliance for Reparations, Reconciliation, and Truth | ** Support | |
| Black Equity Collective | ** Support | |
| California Academy of Child & Adolescent Psychiatry | ** Support | |
| California Black Power Network | ** Support | |
| California Federation Of Teachers | ** Support | |
| california hawaii state conference of the naacp | ** Support | |
| California Reparations Task Force Members Dr. Cheryl Grills, Lisa Holder, and Don Tamaki | ** Support | |
| California State PTA | ** Support | |
| California Teachers Association | ** Support | |
| Catalyst California | ** Support | |
| Don Tamaki, Task Force Member | ** Support | |
| Dr. Cheryl Grills, Task Force Member | ** Support | |
| East Bay Community Law Center | * Support | Apr 2, 2024 |
| Equal Justice Society | ** Support | |
| GENup | ** Support | |
| Greater Sacramento Urban League | ** Support | |
| Greenlining Institute | ** Support | |
| Lisa Holder, Task Force Member | ** Support | |
| Livefree California | ** Support | |
| Los Angeles County Office Of Education | ** Support | |
| Santa Monica Democratic Club | ** Support | |
| western center on law and poverty | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1815
Author:(Weber)
As Amended Ver:August 21, 2024
Majority vote
SUMMARY
Defines the term race, for purposes of the Unruh Act, to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and makes a minor change to the existing CROWN Act.
Major Provisions
- Amends the definition of "race" in the anti-discrimination provisions of the Government Code and the Education Code to eliminate the requirement that a trait must be "historically" associated with race in order for it to be protected from racial discrimination.
- Defines "race," for purposes of the Unruh Act, to include traits associated with race, including, but not limited to, hair texture and protective hairstyles.
- Defines "protective hairstyles," for purposes of the above, to include such hairstyles as braids, locks, and twists.
- Specifies that the bill’s provisions are declarative of existing law.
Senate Amendments
- Specify that the bill’s provisions are declarative of existing law.
- Incorporate, for chaptering purposes, changes proposed by SB 1022 and SB 1137.
- Make one technical correction.
COMMENTS
SB 188 and the CROWN Act. With SB 188 (Chapter 58, Statutes of 2019), California joined a handful of other states in passing the CROWN Act – which stands for "Creating a Respectful and Open World for Natural Hair." After SB 188 became law, a number of states adopted the law; as of July 2023, 22 states had done so. The CROWN Act defined "race" for purposes of anti-discrimination provisions of the Government Code and Education to include "traits historically associated with race," including hair texture and protective hairstyles." This bill logically extends that definition to the Unruh Civil Rights Act in the California Civil Code. The bill also makes a minor but important change to existing law by eliminating the vague requirement that traits must be "historically" associated with race. Determining whether a trait is, for example, "historically" as opposed to "culturally" associated with race is necessarily ambiguous and beside the point, so long as the trait is closely enough associated with race to serve as a proxy for racial discrimination.
Prior to the CROWN Act, existing state and federal law prohibited discrimination based on race, gender, and other characteristics. Both California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 (Title VII) prohibit employment practices that discriminate against employees (and applicants for employment) on the basis of enumerated characteristics. Title VII prohibits employment discrimination based upon "sex, race, color, national origin, and religion." FEHA's more robust provisions prohibit discrimination based upon "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 military and veteran status." In addition, anti-discrimination provisions in the California Education Code prohibit educational institutions from discriminating based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or immigration status.
Immutable Afros and mutable cornrows. In interpreting Title VII, federal courts have taken a narrow view of what constitutes racial discrimination; they generally do not consider discrimination against hairstyles, such as cornrows or dreadlocks, to be associated with a race and therefore do not see it as a form of racial discrimination prohibited by Title VII. The federal Title VII rulings affect state court rulings because, in the absence of state case law on a particular question, state courts look to cases interpreting Title VII when applying FEHA, due to the common purpose of the statutes. According to some legal scholars, the federal courts' refusal to consider hairstyle discrimination as a form of racial discrimination reflects an untenable distinction between racial traits that are biological and "immutable" (such as skin color or hair texture), versus traits that are cultural and "mutable" (such as hairstyles). Most notably, according to many legal scholars and advocates of the CROWN Act, the courts have not seen hair discrimination as a form of racial discrimination because they have failed to recognize that implicit Eurocentric standards of proper grooming and professionalism have a disparate and adverse impact on African Americans, especially when it comes to hairstyles.
The questionable distinction between "immutable" and "mutable" racial traits is clearly illustrated in EEOC v Catastrophe Management (2016) 852 F.3d 1018, a case involving an employee punished for wearing dreadlocks. Legal scholar Professor D. Wendy Greene explains that courts use of the "immutability doctrine" – and the dated biological notions of race that inform it – has resulted in incoherency in anti-discrimination law, an incoherency that has especially detrimental consequences for Black women. In the Catastrophe decision, the court admitted that while dreadlocks were a hairstyle common for black people, they nonetheless were a chosen "style" and, unlike race itself, did not qualify as "immutable." The court acknowledged that "the distinction between immutable and mutable characteristics of race can sometimes be a fine (and difficult) one." Nonetheless, the courts have drawn this fine and difficult distinction for more than 40 years. For example, in Jenkins v. Blue Cross (1976) 538 F.2d 164, a federal court recognized a claim for racial discrimination based on the plaintiff's allegation that she was denied a promotion because she wore her hair in a "natural" Afro. Five years later, however, in Rogers v. American Airlines (1981) 527 F. Supp. 229, a federal court held that a grooming policy prohibiting an all-braided hairstyle (applied to an African American woman who wore cornrows) did not constitute racial discrimination. The court distinguished "natural" and "immutable" Afros from cornrowed braids, which, the court opined, had no biological basis and were merely "the product of . . . artifice." However, as Greene and other critics of the courts' hair discrimination cases point out, the court's reasoning is wanting. African Americans are not the only persons who can grow Afros (if one means by that hair that tends to grow out rather than down) and not all persons of African descent can grow Afros. On the other hand, while braids and twists might involve "artifice," many African American women use these styles because they are "protective" of their "natural" hair texture and necessary for healthy hair maintenance. In short, the range of hairstyles donned by African Americans (or anyone else for that matter) cannot be neatly parted between the "natural" and the "artificial."
Extending the CROWN Act definition to the Unruh Civil Rights Act. SB 188 helped to eliminate some of the confusion and incoherence found in the case law by expressly stating that racial discrimination includes discrimination based on traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, such as braids, locks, and twists. Because conflicts over hair discrimination were felt most keenly in the workplace and in the schools, the CROWN Act only amended the anti-discrimination provisions of FEHA and the Education Code. However, the state's interest in preventing discrimination on the basis of protected characteristics is not restricted to those codes. Most notably, the Unruh Civil Rights Act (Civil Code Section 51) prohibits "business establishments," broadly defined, from discrimination on the basis of a number of protected characteristics, including race. It follows, therefore, that if racial discrimination includes hairstyle discrimination in FEHA and the Education Code, it should also include hairstyle discrimination in the Unruh Act.
The broad scope of "business establishments of any kind whatsoever." The current bill was prompted by one of the recommendations outlined by the Final Report of the Reparations Task Force, which noted that private entities that are neither employers nor schools – and therefore not covered by the CROWN Act amendments to FEHA and the Education Code – sometimes engage in racially-based hairstyle discrimination. The Report cited, in particular, amateur and youth sports organizations which allegedly discriminated against African American athletes based on natural or culturally-rooted hairstyles, in some cases forcing them to cut their hair or change their hairstyle as a condition of participation.
By adding the CROWN Act definition to the Unruh Act, this bill will not only protect against hairstyle discrimination against amateur and youth sports organizations, but against any private entities open to members of the public, whether they are for-profit businesses or non-profit organizations. The Unruh Act, enacted in 1959, prohibits "any business establishment of any kind whatsoever" (emphasis added) from discriminating on the basis of protected characteristics. While the l959 legislation initially attempted to prevent for-profit businesses from denying services to a person on the basis of a protected characteristic, the courts have consistently construed the types of "establishments" covered quite broadly, taking note of the Legislature's intentional qualifier, "of any kind whatsoever." For example, courts have held that this broad construction of "business establishment" applies to "an organization that is classically public in its operation, namely one that opens its doors to the entire youthful population of a city, or a broad segment of the population." (Whooley v Tamalpais Union High School District (2019) 399 F. Supp. 2d 1039.) As such, the courts have made it clear that "nonprofit status does not exclude organizations from the scope of the Unruh Civil Rights Act. (Hart v. Cult Awareness Network (1993) 13 Cal. App. 4th 777.) Accordingly, the California Supreme Court has held that a Boys' Club that operated a community recreational facility was a "business establishment" within the meaning of the Unruh Act, and therefore could not prohibit girls from using its facilities. (Isbister v Boys' Club of Santa Cruz (1985) 40 Cal. 3d 72; see also Harris v. Mothers Against Drunk Driving (1995) 40 Cal. App. 4th 16 (holding that an organization "is not excluded from ambit of Unruh Civil Rights Act simply because it is private or nonprofit.") While a recent California Supreme Court ruling held that school districts are not "business establishments" under the Unruh Act, they are nonetheless subject to the anti-discrimination provisions of the Education Code. (Brennan B. v. Superior Court of Contra Costa Co. (2022) 296 Cal. Rptr. 3d 360.)
Amending the CROWN Act. In addition to amending the Unruh Act to define race to include traits associated with race, this bill also makes one minor, but important, change to the existing CROWN Act. Specifically, the CROWN Act defined race to "include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles." (Emphasis added.) According to Professor D. Wendy Greene, the word "historically" is an ambiguous term that does not add anything of importance to the definition. It is not clear, for example, what would constitute a "historically" associated trait, as opposed to, for example, a "culturally" or "socially" or "biologically" associated trait. It was, after all, the wish to eliminate arbitrary distinctions – such as "natural" versus "cultural" hairstyles – that prompted the CROWN Act in the first place. It should not matter why the trait is associated with race, so long as the trait is sufficiently associated with race to serve as a proxy for racial discrimination. Therefore, this bill removes the word "historically" from the definitions in FEHA and the Education Code and eliminates it from the definition proposed to be added to the Unruh Act. Because the Unruh Act is liberally construed to prohibit racial discrimination broadly defined, the changes made by this bill are declarative of existing law.
According to the Author
According to the author, "[This bill] would expand the CROWN Act to include an amateur sports organizations or youth sports organizations. Discrimination does not take place only in schools and the work place but also on the sports field. The original CROWN Act protected students and employees; however, many children compete in non-school affiliated athletics such as club sports and adults participate in sports and are not paid to do so. This bill would protect both of these populations from discrimination."
Arguments in Support
ACLU California Action (ACLU) supports [this bill] as an important expansion of the CROWN Act. While "the original CROWN Act protected students and employees . . . many children compete in non-school affiliated athletics such as club sports, and adults participate in sports and are not paid to do so." ACLU argues that hair discrimination, which is "rooted in a legacy of race and gender bias," is a harmful practice with serious economic and health consequences, particularly for African American women in employment settings. . . Hair discrimination has frequently been operationalized in employer-based grooming guidelines that promote a Eurocentric image of professionalism while treating textured hair, dark skin, and other characteristics associated with blackness as an inferior departure from the norm." ACLU contends that [this bill] "addresses an often-overlooked form of racial discrimination that affects our youth — bias based on hair texture and protective hairstyles, such as braids, locks, and twists. By extending anti-discrimination protections within amateur sports organizations, this bill acknowledges and seeks to dismantle the deep-rooted prejudices that impact children and adolescents of color in their sports activities and beyond."
Arguments in Opposition
No opposition on file
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
VOTES:
ASM JUDICIARY: 11-1-0
YES: Kalra, Bauer-Kahan, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco, Reyes, Sanchez, Waldron
NO: Dixon
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Dixon
ASSEMBLY FLOOR: 71-0-9
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur
ABS, ABST OR NV: Bains, Calderon, Megan Dahle, Dixon, Essayli, Flora, Low, Mathis, Robert Rivas
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: August 21, 2024
CONSULTANT: Tom Clark / JUD. / (916) 319-2334 FN: 0004451
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1815
Author:(Weber)
As Amended Ver:August 21, 2024
Majority vote
SUMMARY
Defines the term race, for purposes of the Unruh Act, to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and makes a minor change to the existing CROWN Act.
Major Provisions
- Amends the definition of "race" in the anti-discrimination provisions of the Government Code and the Education Code to eliminate the requirement that a trait must be "historically" associated with race in order for it to be protected from racial discrimination.
- Defines "race," for purposes of the Unruh Act, to include traits associated with race, including, but not limited to, hair texture and protective hairstyles.
- Defines "protective hairstyles," for purposes of the above, to include such hairstyles as braids, locks, and twists.
- Specifies that the bill’s provisions are declarative of existing law.
Senate Amendments
- Specify that the bill’s provisions are declarative of existing law.
- Incorporate, for chaptering purposes, changes proposed by SB 1022 and SB 1137.
- Make one technical correction.
COMMENTS
SB 188 and the CROWN Act. With SB 188 (Chapter 58, Statutes of 2019), California joined a handful of other states in passing the CROWN Act – which stands for "Creating a Respectful and Open World for Natural Hair." After SB 188 became law, a number of states adopted the law; as of July 2023, 22 states had done so. The CROWN Act defined "race" for purposes of anti-discrimination provisions of the Government Code and Education to include "traits historically associated with race," including hair texture and protective hairstyles." This bill logically extends that definition to the Unruh Civil Rights Act in the California Civil Code. The bill also makes a minor but important change to existing law by eliminating the vague requirement that traits must be "historically" associated with race. Determining whether a trait is, for example, "historically" as opposed to "culturally" associated with race is necessarily ambiguous and beside the point, so long as the trait is closely enough associated with race to serve as a proxy for racial discrimination.
Prior to the CROWN Act, existing state and federal law prohibited discrimination based on race, gender, and other characteristics. Both California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 (Title VII) prohibit employment practices that discriminate against employees (and applicants for employment) on the basis of enumerated characteristics. Title VII prohibits employment discrimination based upon "sex, race, color, national origin, and religion." FEHA's more robust provisions prohibit discrimination based upon "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 military and veteran status." In addition, anti-discrimination provisions in the California Education Code prohibit educational institutions from discriminating based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or immigration status.
Immutable Afros and mutable cornrows. In interpreting Title VII, federal courts have taken a narrow view of what constitutes racial discrimination; they generally do not consider discrimination against hairstyles, such as cornrows or dreadlocks, to be associated with a race and therefore do not see it as a form of racial discrimination prohibited by Title VII. The federal Title VII rulings affect state court rulings because, in the absence of state case law on a particular question, state courts look to cases interpreting Title VII when applying FEHA, due to the common purpose of the statutes. According to some legal scholars, the federal courts' refusal to consider hairstyle discrimination as a form of racial discrimination reflects an untenable distinction between racial traits that are biological and "immutable" (such as skin color or hair texture), versus traits that are cultural and "mutable" (such as hairstyles). Most notably, according to many legal scholars and advocates of the CROWN Act, the courts have not seen hair discrimination as a form of racial discrimination because they have failed to recognize that implicit Eurocentric standards of proper grooming and professionalism have a disparate and adverse impact on African Americans, especially when it comes to hairstyles.
The questionable distinction between "immutable" and "mutable" racial traits is clearly illustrated in EEOC v Catastrophe Management (2016) 852 F.3d 1018, a case involving an employee punished for wearing dreadlocks. Legal scholar Professor D. Wendy Greene explains that courts use of the "immutability doctrine" – and the dated biological notions of race that inform it – has resulted in incoherency in anti-discrimination law, an incoherency that has especially detrimental consequences for Black women. In the Catastrophe decision, the court admitted that while dreadlocks were a hairstyle common for black people, they nonetheless were a chosen "style" and, unlike race itself, did not qualify as "immutable." The court acknowledged that "the distinction between immutable and mutable characteristics of race can sometimes be a fine (and difficult) one." Nonetheless, the courts have drawn this fine and difficult distinction for more than 40 years. For example, in Jenkins v. Blue Cross (1976) 538 F.2d 164, a federal court recognized a claim for racial discrimination based on the plaintiff's allegation that she was denied a promotion because she wore her hair in a "natural" Afro. Five years later, however, in Rogers v. American Airlines (1981) 527 F. Supp. 229, a federal court held that a grooming policy prohibiting an all-braided hairstyle (applied to an African American woman who wore cornrows) did not constitute racial discrimination. The court distinguished "natural" and "immutable" Afros from cornrowed braids, which, the court opined, had no biological basis and were merely "the product of . . . artifice." However, as Greene and other critics of the courts' hair discrimination cases point out, the court's reasoning is wanting. African Americans are not the only persons who can grow Afros (if one means by that hair that tends to grow out rather than down) and not all persons of African descent can grow Afros. On the other hand, while braids and twists might involve "artifice," many African American women use these styles because they are "protective" of their "natural" hair texture and necessary for healthy hair maintenance. In short, the range of hairstyles donned by African Americans (or anyone else for that matter) cannot be neatly parted between the "natural" and the "artificial."
Extending the CROWN Act definition to the Unruh Civil Rights Act. SB 188 helped to eliminate some of the confusion and incoherence found in the case law by expressly stating that racial discrimination includes discrimination based on traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, such as braids, locks, and twists. Because conflicts over hair discrimination were felt most keenly in the workplace and in the schools, the CROWN Act only amended the anti-discrimination provisions of FEHA and the Education Code. However, the state's interest in preventing discrimination on the basis of protected characteristics is not restricted to those codes. Most notably, the Unruh Civil Rights Act (Civil Code Section 51) prohibits "business establishments," broadly defined, from discrimination on the basis of a number of protected characteristics, including race. It follows, therefore, that if racial discrimination includes hairstyle discrimination in FEHA and the Education Code, it should also include hairstyle discrimination in the Unruh Act.
The broad scope of "business establishments of any kind whatsoever." The current bill was prompted by one of the recommendations outlined by the Final Report of the Reparations Task Force, which noted that private entities that are neither employers nor schools – and therefore not covered by the CROWN Act amendments to FEHA and the Education Code – sometimes engage in racially-based hairstyle discrimination. The Report cited, in particular, amateur and youth sports organizations which allegedly discriminated against African American athletes based on natural or culturally-rooted hairstyles, in some cases forcing them to cut their hair or change their hairstyle as a condition of participation.
By adding the CROWN Act definition to the Unruh Act, this bill will not only protect against hairstyle discrimination against amateur and youth sports organizations, but against any private entities open to members of the public, whether they are for-profit businesses or non-profit organizations. The Unruh Act, enacted in 1959, prohibits "any business establishment of any kind whatsoever" (emphasis added) from discriminating on the basis of protected characteristics. While the l959 legislation initially attempted to prevent for-profit businesses from denying services to a person on the basis of a protected characteristic, the courts have consistently construed the types of "establishments" covered quite broadly, taking note of the Legislature's intentional qualifier, "of any kind whatsoever." For example, courts have held that this broad construction of "business establishment" applies to "an organization that is classically public in its operation, namely one that opens its doors to the entire youthful population of a city, or a broad segment of the population." (Whooley v Tamalpais Union High School District (2019) 399 F. Supp. 2d 1039.) As such, the courts have made it clear that "nonprofit status does not exclude organizations from the scope of the Unruh Civil Rights Act. (Hart v. Cult Awareness Network (1993) 13 Cal. App. 4th 777.) Accordingly, the California Supreme Court has held that a Boys' Club that operated a community recreational facility was a "business establishment" within the meaning of the Unruh Act, and therefore could not prohibit girls from using its facilities. (Isbister v Boys' Club of Santa Cruz (1985) 40 Cal. 3d 72; see also Harris v. Mothers Against Drunk Driving (1995) 40 Cal. App. 4th 16 (holding that an organization "is not excluded from ambit of Unruh Civil Rights Act simply because it is private or nonprofit.") While a recent California Supreme Court ruling held that school districts are not "business establishments" under the Unruh Act, they are nonetheless subject to the anti-discrimination provisions of the Education Code. (Brennan B. v. Superior Court of Contra Costa Co. (2022) 296 Cal. Rptr. 3d 360.)
Amending the CROWN Act. In addition to amending the Unruh Act to define race to include traits associated with race, this bill also makes one minor, but important, change to the existing CROWN Act. Specifically, the CROWN Act defined race to "include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles." (Emphasis added.) According to Professor D. Wendy Greene, the word "historically" is an ambiguous term that does not add anything of importance to the definition. It is not clear, for example, what would constitute a "historically" associated trait, as opposed to, for example, a "culturally" or "socially" or "biologically" associated trait. It was, after all, the wish to eliminate arbitrary distinctions – such as "natural" versus "cultural" hairstyles – that prompted the CROWN Act in the first place. It should not matter why the trait is associated with race, so long as the trait is sufficiently associated with race to serve as a proxy for racial discrimination. Therefore, this bill removes the word "historically" from the definitions in FEHA and the Education Code and eliminates it from the definition proposed to be added to the Unruh Act. Because the Unruh Act is liberally construed to prohibit racial discrimination broadly defined, the changes made by this bill are declarative of existing law.
According to the Author
According to the author, "[This bill] would expand the CROWN Act to include an amateur sports organizations or youth sports organizations. Discrimination does not take place only in schools and the work place but also on the sports field. The original CROWN Act protected students and employees; however, many children compete in non-school affiliated athletics such as club sports and adults participate in sports and are not paid to do so. This bill would protect both of these populations from discrimination."
Arguments in Support
ACLU California Action (ACLU) supports [this bill] as an important expansion of the CROWN Act. While "the original CROWN Act protected students and employees . . . many children compete in non-school affiliated athletics such as club sports, and adults participate in sports and are not paid to do so." ACLU argues that hair discrimination, which is "rooted in a legacy of race and gender bias," is a harmful practice with serious economic and health consequences, particularly for African American women in employment settings. . . Hair discrimination has frequently been operationalized in employer-based grooming guidelines that promote a Eurocentric image of professionalism while treating textured hair, dark skin, and other characteristics associated with blackness as an inferior departure from the norm." ACLU contends that [this bill] "addresses an often-overlooked form of racial discrimination that affects our youth — bias based on hair texture and protective hairstyles, such as braids, locks, and twists. By extending anti-discrimination protections within amateur sports organizations, this bill acknowledges and seeks to dismantle the deep-rooted prejudices that impact children and adolescents of color in their sports activities and beyond."
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
VOTES:
ASM JUDICIARY: 11-1-0
YES: Kalra, Bauer-Kahan, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco, Reyes, Sanchez, Waldron
NO: Dixon
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Dixon
ASSEMBLY FLOOR: 71-0-9
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur
ABS, ABST OR NV: Bains, Calderon, Megan Dahle, Dixon, Essayli, Flora, Low, Mathis, Robert Rivas
UPDATED
VERSION: August 21, 2024
CONSULTANT: Tom Clark / JUD. / (916) 319-2334 FN: 0004451
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1815 |
THIRD READING
Bill No: AB 1815
Author: Weber (D), et al.
Amended: 8/21/24 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/4/24
AYES: Umberg, Wilk, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/2/24 - See last page for vote
SUBJECT: Discrimination: race: hairstyles
SOURCE: Western Center on Law and Poverty
DIGEST:
This bill clarifies that “race,” as a category protected against discrimination under the Unruh Civil Rights Act (Unruh Act), the Fair Employment and Housing Act (FEHA), and the Education Code, includes traits associated with race, such as hair texture and protective hairstyles, as defined.
Senate Floor Amendments of 8/21/24 make nonsubstantive, technical changes to correct references in the double-jointing language added in the floor amendments of 8/14/24.
ANALYSIS:
Existing law:
- Establishes the Unruh Civil Rights Act, which provides that all persons in California are free and equal, and regardless of a person’s actual or perceived sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, everyone is entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. (Civil (Cov.) Code § 51)
- Provides that it is the policy of this State to afford all persons in public schools equal rights and opportunities in the educational institutions of this state, regardless of their actual or perceived disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or association with a person or group with one or more of these actual or perceived characteristics. (Education (Ed.) Code §§ 200, 210.2)
- Establishes the FEHA, which prohibits discrimination in housing and employment on the basis of a person’s actual or perceived 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 military and veteran status, subject to specified exceptions. (Government (Gov.) Code, §§ 12920 et seq.)
- Provides that “race,” for purposes of 2) and 3), is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles; and “protective hairstyles” includes, but are not limited to, hairstyles such as braids, locs, and twists. (Ed. Code § 212.1(b), (c); Gov. Code, § 12926(w)(x))
This bill:
- Provides that “race,” under the Unruh Civil Rights Act, is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles, and that “protective hairstyles” includes, but is not limited to, hairstyles such as braids, locs, and twists.
- Removes the word “historically” from the inclusion of traits “historically associated with race” in the meaning of race under the civil rights protections under the Education Code and in FEHA.
- Makes nonsubstantive technical and conforming changes.
- Provides that the changes in 1)-3) are declaratory of existing law.
- Includes jointing language to avoid chaptering-out conflicts with SB 1022 (Skinner, 2024) and SB 1137 (Smallwood-Cuevas, 2024).
Comments
In 2019, California passed the Creating a Respectful and Open World for Natural Hair Act, known as the CROWN Act (SB 188, Mitchell, Chapter 58, Statutes of 2019). The CROWN Act clarified that discrimination on the basis of race prohibited by the FEHA and in public education includes discrimination on the basis of traits historically associated with race, such as protective hairstyles like braids, locs, and twists. By passing the CROWN Act, California became the first state to expressly prohibit discrimination on the basis of traits associated with race; since then, over 20 other states have passed similar laws.
This bill, which comes from a recommendation from the California Task Force to Study and Develop Reparation Proposals for African Americans, is intended to clarify the scope of California’s antidiscrimination laws with respect to traits associated with race in two ways. First, this bill adds to the Unruh Act a provision expressly including, within the meaning of race, traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined. Second, this bill removes the word “historically” from the references to traits associated with race that are already in FEHA and the Education Code, to avoid confusion over the scope of the protected traits. These provisions are intended to expand protections against discrimination on the basis of traits associated with race, particularly in sporting organizations, and to provide clarity regarding the scope of the traits associated with race that are protected under the state’s laws.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/20/24)
Western Center on Law and Poverty (source)
ACLU California Action
Alliance for Reparations, Reconciliation, and Truth
Black Equity Collective
California Academy of Child & Adolescent Psychiatry
California Black Power Network
California Hawaii State Conference of the NAACP
California Teachers Association
Catalyst California
Don Tamaki, Task Force Member
Dr. Cheryl Grills, Task Force Member
GENup
Greater Sacramento Urban League
Greenlining Institute
Lisa Holder, Task Force Member
Live Free California
Los Angeles County Office of Education
Santa Monica Democratic Club
OPPOSITION: (Verified 8/20/24)
None received
ARGUMENTS IN SUPPORT: According to the California Teachers Association:
AB 1815 builds on existing law within the Unruh Civil Rights Act which already provides a robust framework against discrimination based on race, including traits historically associated with race such as hair texture and protective hairstyles. Extending these protections into the realm of amateur sports is a necessary and progressive step that aligns with broader societal commitments to equity and inclusivity. AB 1815 affirms our collective commitment to an inclusive society where every individual, regardless of race or how they choose to express their cultural identity through their appearance, has equal opportunity to participate in and benefit from all public institutions such as schools. This bill allows us to move closer to eliminating discrimination and bias in all forms, paving the way for a more inclusive, respectful, and equitable community.
ASSEMBLY FLOOR: 71-0, 5/2/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur
NO VOTE RECORDED: Bains, Calderon, Megan Dahle, Dixon, Essayli, Flora, Low, Mathis, Robert Rivas
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
8/22/24 16:10:21
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1815 |
THIRD READING
Bill No: AB 1815
Author: Weber (D), et al.
Amended: 8/14/24 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/4/24
AYES: Umberg, Wilk, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/2/24 - See last page for vote
SUBJECT: Discrimination: race: hairstyles
SOURCE: Western Center on Law and Poverty
DIGEST:
This bill clarifies that “race,” as a category protected against discrimination under the Unruh Civil Rights Act (Unruh Act), the Fair Employment and Housing Act (FEHA), and the Education Code, includes traits associated with race, such as hair texture and protective hairstyles, as defined.
Senate Floor Amendments of 8/14/24 add chaptering-out amendments to avoid conflicts with SB 1022 (Skinner, 2024) and SB 1137 (Smallwood-Cuevas, 2024).
ANALYSIS:
Existing law:
- Establishes the Unruh Civil Rights Act, which provides that all persons in California are free and equal, and regardless of a person’s actual or perceived sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, everyone is entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. (Civil (Cov.) Code § 51)
- Provides that it is the policy of this State to afford all persons in public schools equal rights and opportunities in the educational institutions of this state, regardless of their actual or perceived disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or association with a person or group with one or more of these actual or perceived characteristics. (Education (Ed.) Code §§ 200, 210.2)
- Establishes the FEHA, which prohibits discrimination in housing and employment on the basis of a person’s actual or perceived 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 military and veteran status, subject to specified exceptions. (Government (Gov.) Code, §§ 12920 et seq.)
- Provides that “race,” for purposes of 2) and 3), is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles; and “protective hairstyles” includes, but are not limited to, hairstyles such as braids, locs, and twists. (Ed. Code § 212.1(b), (c); Gov. Code, § 12926(w)(x))
This bill:
- Provides that “race,” under the Unruh Civil Rights Act, is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles, and that “protective hairstyles” includes, but is not limited to, hairstyles such as braids, locs, and twists.
- Removes the word “historically” from the inclusion of traits “historically associated with race” in the meaning of race under the civil rights protections under the Education Code and in FEHA.
- Makes nonsubstantive technical and conforming changes.
- Provides that the changes in 1)-3) are declaratory of existing law.
- Includes jointing language to avoid chaptering-out conflicts with SB 1022 (Skinner) and SB 1137 (Smallwood-Cuevas).
Comments
In 2019, California passed the Creating a Respectful and Open World for Natural Hair Act, known as the CROWN Act. SB 188 (Mitchell, Chapter 58, Statutes of 2019) The CROWN Act clarified that discrimination on the basis of race prohibited by the FEHA and in public education includes discrimination on the basis of traits historically associated with race, such as protective hairstyles like braids, locs, and twists. By passing the CROWN Act, California became the first state to expressly prohibit discrimination on the basis of traits associated with race; since then, over 20 other states have passed similar laws.
This bill, which comes from a recommendation from the California Task Force to Study and Develop Reparation Proposals for African Americans, is intended to clarify the scope of California’s antidiscrimination laws with respect to traits associated with race in two ways. First, this bill adds to the Unruh Act a provision expressly including, within the meaning of race, traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined. Second, this bill removes the word “historically” from the references to traits associated with race that are already in FEHA and the Education Code, to avoid confusion over the scope of the protected traits. These provisions are intended to expand protections against discrimination on the basis of traits associated with race, particularly in sporting organizations, and to provide clarity regarding the scope of the traits associated with race that are protected under the state’s laws.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/13/24)
Western Center on Law and Poverty (source)
ACLU California Action
Alliance for Reparations, Reconciliation, and Truth
Black Equity Collective
California Academy of Child & Adolescent Psychiatry
California Black Power Network
California Hawaii State Conference of the NAACP
California Teachers Association
Catalyst California
Don Tamaki, Task Force Member
Dr. Cheryl Grills, Task Force Member
GENup
Greater Sacramento Urban League
Greenlining Institute
Lisa Holder, Task Force Member
Live Free California
Los Angeles County Office of Education
Santa Monica Democratic Club
OPPOSITION: (Verified 8/13/24)
None received
ARGUMENTS IN SUPPORT: According to the California Teachers Association:
AB 1815 builds on existing law within the Unruh Civil Rights Act which already provides a robust framework against discrimination based on race, including traits historically associated with race such as hair texture and protective hairstyles. Extending these protections into the realm of amateur sports is a necessary and progressive step that aligns with broader societal commitments to equity and inclusivity. AB 1815 affirms our collective commitment to an inclusive society where every individual, regardless of race or how they choose to express their cultural identity through their appearance, has equal opportunity to participate in and benefit from all public institutions such as schools. This bill allows us to move closer to eliminating discrimination and bias in all forms, paving the way for a more inclusive, respectful, and equitable community.
ASSEMBLY FLOOR: 71-0, 5/2/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur
NO VOTE RECORDED: Bains, Calderon, Megan Dahle, Dixon, Essayli, Flora, Low, Mathis, Robert Rivas
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
8/16/24 12:47:29
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1815 |
THIRD READING
Bill No: AB 1815
Author: Weber (D), et al.
Amended: 5/23/24 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/4/24
AYES: Umberg, Wilk, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab, Wiener
ASSEMBLY FLOOR: 71-0, 5/2/24 - See last page for vote
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Discrimination: race: hairstyles
SOURCE: Western Center on Law and Poverty
DIGEST:
This bill clarifies that “race,” as a category protected against discrimination under the Unruh Civil Rights Act (Unruh Act), the Fair Employment and Housing Act (FEHA), and the Education Code, includes traits associated with race, such as hair texture and protective hairstyles, as defined.
ANALYSIS:
Existing law:
- Establishes the Unruh Civil Rights Act, which provides that all persons in California are free and equal, and regardless of a person’s actual or perceived sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, everyone is entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. (Civil (Cov.) Code § 51)
- Provides that it is the policy of this State to afford all persons in public schools equal rights and opportunities in the educational institutions of this state, regardless of their actual or perceived disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or association with a person or group with one or more of these actual or perceived characteristics. (Education (Ed.) Code §§ 200, 210.2)
- Establishes the FEHA, which prohibits discrimination in housing and employment on the basis of a person’s actual or perceived 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 military and veteran status, subject to specified exceptions. (Government (Gov.) Code, §§ 12920 et seq.)
- Provides that “race,” for purposes of 2) and 3), is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles; and “protective hairstyles” includes, but are not limited to, hairstyles such as braids, locs, and twists. (Ed. Code § 212.1(b), (c); Gov. Code, § 12926(w)(x))
This bill:
- Provides that “race,” under the Unruh Civil Rights Act, is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles, and that “protective hairstyles” includes, but is not limited to, hairstyles such as braids, locs, and twists.
- Removes the word “historically” from the inclusion of traits “historically associated with race” in the meaning of race under the civil rights protections under the Education Code and in FEHA.
- Makes nonsubstantive technical and conforming changes.
- Provides that the changes in 1)-3) are declaratory of existing law.
Comments
In 2019, California passed the Creating a Respectful and Open World for Natural Hair Act, known as the CROWN Act. SB 188 (Mitchell, Ch. 58, Statutes of 2019) The CROWN Act clarified that discrimination on the basis of race prohibited by the FEHA and in public education includes discrimination on the basis of traits historically associated with race, such as protective hairstyles like braids, locs, and twists. By passing the CROWN Act, California became the first state to expressly prohibit discrimination on the basis of traits associated with race; since then, over 20 other states have passed similar laws.
This bill, which comes from a recommendation from the California Task Force to Study and Develop Reparation Proposals for African Americans, is intended to clarify the scope of California’s antidiscrimination laws with respect to traits associated with race in two ways. First, this bill adds to the Unruh Act a provision expressly including, within the meaning of race, traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined. Second, this bill removes the word “historically” from the references to traits associated with race that are already in FEHA and the Education Code, to avoid confusion over the scope of the protected traits. These provisions are intended to expand protections against discrimination on the basis of traits associated with race, particularly in sporting organizations, and to provide clarity regarding the scope of the traits associated with race that are protected under the state’s laws.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 6/17/24)
Western Center on Law and Poverty (source)
ACLU California Action
Alliance for Reparations, Reconciliation, and Truth
Black Equity Collective
California Academy of Child & Adolescent Psychiatry
California Black Power Network
California Hawaii State Conference of the NAACP
California Teachers Association
Catalyst California
Don Tamaki, Task Force Member
Dr. Cheryl Grills, Task Force Member
GENup
Greater Sacramento Urban League
Greenlining Institute
Lisa Holder, Task Force Member
Live Free California
Los Angeles County Office of Education
Santa Monica Democratic Club
OPPOSITION: (Verified 6/17/24)
None received
ARGUMENTS IN SUPPORT: According to the California Teachers Association:
AB 1815 builds on existing law within the Unruh Civil Rights Act which already provides a robust framework against discrimination based on race, including traits historically associated with race such as hair texture and protective hairstyles. Extending these protections into the realm of amateur sports is a necessary and progressive step that aligns with broader societal commitments to equity and inclusivity. AB 1815 affirms our collective commitment to an inclusive society where every individual, regardless of race or how they choose to express their cultural identity through their appearance, has equal opportunity to participate in and benefit from all public institutions such as schools. This bill allows us to move closer to eliminating discrimination and bias in all forms, paving the way for a more inclusive, respectful, and equitable community.
ASSEMBLY FLOOR: 71-0, 5/2/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur
NO VOTE RECORDED: Bains, Calderon, Megan Dahle, Dixon, Essayli, Flora, Low, Mathis, Robert Rivas
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
6/18/24 10:49:46
**** END ****
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 1815 (Author:Weber)
Version: May 23, 2024
Hearing Date: June 4, 2024
Fiscal: Yes
Urgency: No
Consultant: AWM
SUBJECT
Discrimination: race: hairstyles
DIGEST
This bill clarifies that “race,” as a category protected against discrimination under the Unruh Civil Rights Act (Unruh Act), the Fair Employment and Housing Act (FEHA), and the Education Code, includes traits associated with race, such as hair texture and protective hairstyles, as defined.
EXECUTIVE SUMMARY
In 2019, California passed the Creating a Respectful and Open World for Natural Hair Act, known as the CROWN Act. (SB 188 (Mitchell, Ch. 58, Stats. 2019).) The CROWN Act clarified that discrimination on the basis of race prohibited by the FEHA and in public education includes discrimination on the basis of traits historically associated with race, such as protective hairstyles like braids, locs, and twists. By passing the CROWN Act, California became the first state to expressly prohibit discrimination on the basis of traits associated with race; since then, over 20 other states have passed similar laws.
This bill, which comes from a recommendation from the California Task Force to Study and Develop Reparation Proposals for African Americans, is intended to clarify the scope of California’s antidiscrimination laws with respect to traits associated with race in two ways. First, this bill adds to the Unruh Act a provision expressly including, within the meaning of race, traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined. Second, this bill removes the word “historically” from the references to traits associated with race that are already in FEHA and the Education Code, to avoid confusion over the scope of the protected traits. These provisions are intended to expand protections against discrimination on the basis of traits associated with race, particularly in sporting organizations, and to provide clarity regarding the scope of the traits associated with race that are protected under the state’s laws.
This bill is sponsored by the Western Center on Law and Poverty and is supported by the Alliance for Reparations, Reconciliation, and Truth, the Black Equity Collective, the California Black Power Network, the California Teachers Association, Catalyst California, the Greater Sacramento Urban League, Live Free California, and three members of the Task Force. This Committee has not received timely opposition to this bill.
PROPOSED CHANGES TO THE LAW
Existing law:
- Establishes the Unruh Civil Rights Act, which provides that all persons in California are free and equal, and regardless of a person’s actual or perceived sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, everyone is entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. (Civ. Code, § 51.)
- Provides that it is the policy of this State to afford all persons in public schools equal rights and opportunities in the educational institutions of this state, regardless of their actual or perceived disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, immigration status, or association with a person or group with one or more of these actual or perceived characteristics. (Ed. Code, §§ 200, 210.2.)
- Establishes the FEHA, which prohibits discrimination in housing and employment on the basis of a person’s actual or perceived 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 military and veteran status, subject to specified exceptions. (Gov. Code, §§ 12920 et seq.)
- Provides that “race,” for purposes of 2) and 3), is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles; and “protective hairstyles” includes, but are not limited to, hairstyles such as braids, locs, and twists. (Ed. Code, § 212.1(b), (c); Gov. Code, § 12926(w), (x).)
This bill:
- Provides that “race,” under the Unruh Civil Rights Act, is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles, and that “protective hairstyles” includes, but is not limited to, hairstyles such as braids, locs, and twists.
- Removes the word “historically” from the inclusion of traits “historically associated with race” in the meaning of race under the civil rights protections under the Education Code and in FEHA.
- Makes nonsubstantive technical and conforming changes.
- Provides that the changes in 1)-3) are declaratory of existing law.
COMMENTS
- Author’s comment
According to the author:
AB 1815 would expand the CROWN Act to include an amateur sports organizations or youth sports organizations. Discrimination does not take place only in schools and the work place but also on the sports field. The original CROWN Act protected students and employees however many children compete in non-school affiliated athletics such as club sports and adults participate in sports and are not paid to do so. This bill would protect both of these populations from discrimination.
2. Background on racial discrimination based on traits associated with race, particularly hair
The social construction of race is inextricable from the social construction of what, within predominant white supremacist power structures, is considered “good” and “bad” hair. As the concept of race was developed and enslavers looked for reasons to other Africans and persons of African descent—in order to justify the kidnapping, enslaving, raping, and murdering they were perpetrating—European and, later, American enslavers latched onto hair texture and curl as a signifier of worth.[1] Under this framework, “straight hair, which hangs down as it grows longer” is treated as the “normative ideal”; the further from that ideal that a person’s hair is, the further they are from the ideal.[2] And because the idealized hair type coincides most frequently with persons of European, and particularly Northern European, descent, while Black people generally have more tightly coiled hair, this qualitative approach to hair served both to reify and to reinforce the concepts of race and of white supremacy.[3]
There is a long history of de jure and de facto preference for hairstyles that are generally most easily achieved by white people, and discrimination on the basis of hairstyles that are generally most easily achieved, and which may be worn for protective reasons,[4] by Black people.[5] Simply put, hairstyles associated with, and more frequently worn by, Black people have been treated as “unprofessional,” with little examination of how the construction of what is “professional” or not is a function of white supremacy.[6] This type of hair-based discrimination frequently arises at the intersection of race and gender; women of Black descent are often faced with the choice of straightening their hair—which is often an expensive, dangerous, painful, and time-consuming process[7]—or facing the “stigmatization of their natural hair, which often engenders harassment, unfavorable performance evaluations, as well as loss or denial of employment.”[8]
The most (in)famous case on point might be Rogers v. American Airlines, in which a federal district court ruled that American Airlines’ “grooming policy,” which prohibited employees in certain positions from wearing all-braided hairstyles, did not constitute prohibited gender or racial discrimination under federal law.[9] The court based its ruling on its conclusion that, even if braided hairstyles were “socioculturally associated with a particular nationality,” an employer would be entitled to discriminate on the basis of such hairstyles because they are “not the product of natural hair growth but of artifice.”[10] The court’s rationale:
[E]xpose[d] the court’s incomplete understanding of the full implications of tightly coiled and kinky hair for [B]lack women in the United States. First, the court revealed its unspoken preference for white hairstyles through its very contention that the use of a ponytail of straight, artificial hair was an appropriate alternative to the all-braided hairstyle that it called “artifice.” Second, the court exposed its assumption of white traits in Rogers’s hair through its suggestion that a [B]lack woman could easily pull her hair back into a bun. Packed into that proposal is an assumption of white hair as the norm.[11]
Twenty-five years after the Rogers decision, the Eleventh Circuit held that an employer did not violate federal antidiscrimination laws when it rescinded a job offer to a Black woman because she refused to cut off her dreadlocks.[12]
3. The passage of the CROWN Act
In 2019, California enacted the CROWN Act, authored by Senator Holly Mitchell.[13] The CROWN Act prohibited discrimination in education, employment, and housing on the basis of traits historically associated with race, including hair textures and hairstyles.[14] The CROWN Act recognized that “[w]orkplace dress code and grooming policies that protect natural hair, including afros, braids, twists, and locks have a disparate impact on Black individuals as these policies are more likely to deter Black applicants and burden or punish Black employees than any other group,” and that “hair discrimination targeting hairstyles associated with race is racial discrimination.”[15]
California was the first state in the nation to pass legislation protecting traits associated with race; since then, 23 other states have passed similar laws.[16]
4. This bill adds the CROWN Act’s express protections to the Unruh Act and clarifies the scope of the prohibition on discrimination based on traits associated with race
This bill comes from a recommendation from the Task Force, arising from hostility toward traditionally Black hairstyles in sports.[17] Although California’s CROWN Act already expressly applies to in-school sports, the Task Force identified discrimination against Black athletes’ hairstyles in other sporting organizations as an ongoing source of inequality.[18] This bill is, therefore, intended to clarify the scope of the prohibition on traits associated with race in two ways.
First, this bill expressly provides that the Unruh Act’s prohibition on discrimination by business establishments and in public accommodations on the basis of race includes discrimination on the basis of traits associated with race, including protective hairstyles. This is intended as an express statement of existing law: the Unruh Act’s list of characteristics—including “color, race, religion, ancestry, and national origin—serve[] as illustrative, rather than restrictive, indicia of the type of conduct condemned,”[19] meaning discrimination on the basis of traits associated with race are presumably already covered under the Unruh Act. Nevertheless, this change will make the prohibition explicit, thereby making clear that businesses, including private sporting organizations, cannot discriminate on the basis of traits associated with race.
Second, this bill clarifies the FEHA and Education Code’s prohibition on discrimination by removing the word “historically” from the definition of race as “inclusive of traits historically associated with race.” The use of the word “historically” may inadvertently introduce ambiguity about the scope of what traits are included; if, for example, a trait is culturally associated with race but does not have a long historical tradition of such an association, it may cause confusion over whether the trait is protected. And while the language of these statutes makes clear that race is broader than traits historically associated with race—race is “inclusive,” but not limited to, these traits—leaving the word “historically” in statute could give rise to confusion. Accordingly, this bill removes the word “historically” to clarify the scope of existing law.
5. Arguments in support
According to the California Teachers Association:
AB 1815 builds on existing law within the Unruh Civil Rights Act which already provides a robust framework against discrimination based on race, including traits historically associated with race such as hair texture and protective hairstyles. Extending these protections into the realm of amateur sports is a necessary and progressive step that aligns with broader societal commitments to equity and inclusivity. AB 1815 affirms our collective commitment to an inclusive society where every individual, regardless of race or how they choose to express their cultural identity through their appearance, has equal opportunity to participate in and benefit from all public institutions such as schools. This bill allows us to move closer to eliminating discrimination and bias in all forms, paving the way for a more inclusive, respectful, and equitable community.
SUPPORT
Western Center on Law and Poverty (sponsor)
Alliance for Reparations, Reconciliation, and Truth
Black Equity Collective
California Black Power Network
California Teachers Association
Catalyst California
Don Tamaki, Task Force Member
Dr. Cheryl Grills, Task Force Member
Greater Sacramento Urban League
Lisa Holder, Task Force Member
Live Free California
OPPOSITION
None received
RELATED LEGISLATION
Pending Legislation: SB 1137 (Smallwood-Cuevas, 2024) clarifies that the Unruh Act, the Education Code, and FEHA prohibit discrimination on the basis of intersecting protected bases.
Prior Legislation: SB 188 (Mitchell, Ch. 58, Stats. 2019) enacted the CROWN Act. SB 188 is discussed in greater detail in Part 2 of this analysis.
PRIOR VOTES:
Assembly Floor (Ayes 71, Noes 0)
Assembly Appropriations Committee (Ayes 14, Noes 0)
Assembly Judiciary Committee (Ayes 11, Noes 1)
**************
Greaves, How Black People Came To Believe 4C Was A “Bad Hair” Texture, Bustle (Mar. 4, 2019), https://www.bustle.com/style/how-black-people-came-to-believe-4c-was-a-bad-hair-texture-16265631. All links in this analysis are current as of May 30, 2024. ↑
Onwuachi-Willig, Another Hair Piece: Exploring New Strands of Analysis Under Title VII (2010) 98 Geo. L.J. 1079, 1093. ↑
Id. at pp. 1094-1095; see also Gross, Litigating Whiteness: Trials of Racial Determination in the Nineteenth-Century South (1998) 108 Y.L.J. 109, 130-140; California Task Force to Study and Develop Reparation Proposals for African Americans, Final Report (Jun. 29, 2023), p. 435, available at https://oag.ca.gov/system/files/media/full-ca-reparations.pdf (Final Report). ↑
“Protective hairstyles” include braids, locs, and twists, and are often worn to preserve hair from damage. (See Sen. Com. on Judiciary, Analysis of Sen. Bill No. 188 (2019-2020 Reg. Sess.), as amended March 13, 2019, pp. 3-4.) ↑
Caldwell, A Hair Piece: Perspectives on the Intersection of Race and Gender (1991) 1991 Duke L.J. 365, 366-367. ↑
Greene, Splitting Hairs: The Eleventh Circuit’s Take on Workplace Bans Against Black Women’s Natural Hair in EEOC v. Catastrophe Management Solutions (2017) U. Miami L. Rev. 987, 1001-1002. ↑
Onwuachi-Willig, supra, at p. 1112. ↑
Greene, supra, at p. 991. ↑
Rogers v. American Airlines (S.D.N.Y. 1981) 527 F.Supp. 229, 231. ↑
Id. at p. 232. The Rogers court opted to treat Rogers’s race- and sex-based arguments as separate and distinct, even though Rogers pleaded discrimination on the basis of her status as a Black woman (Rogers, supra, 527 F.Supp. at p. 231), thereby failing to appreciate how the restrictions imposed by American Airlines served as “a proxy for race” that could be altered only with “money, time, effort, and damage to the psyche” (Onwuachi-Willig, supra, at p. 1104.). ↑
Onwuachi-Willig, supra, at p. 1093 (footnotes omitted). ↑
EEOC v. Catastrophe Management Solutions (11th Cir. 2016) 852 F.3d 1018, 1021-1022, rehg. en banc. den. (11th Cir. 2017) 876 F.3d 1273. ↑
SB 188 (Mitchell, Ch. 58, Stats. 2019). ↑
Ibid. ↑
Id., § 1(d), (f). ↑
See Payne-Peterson, Report: The CROWN Act: Report, Economic Policy Institute (Jul. 26, 2023), https://www.epi.org/publication/crown-act/. ↑
Final Report, supra, at pp. 734-736. ↑
Id. at pp. 341-342, 734-735. ↑
In re Cox (1970) 3 Cal.3d 205, 212. ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 1815
Author:(Weber)
As Amended Ver:March 21, 2024
Majority vote
SUMMARY
Defines the term race, for purposes of the Unruh Act, to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and makes a minor change to the existing CROWN Act.
Major Provisions
- Amends the definition of "race" in the anti-discrimination provisions of the Government Code and the Education Code to eliminate the requirement that a trait must be "historically" associated with race in order for it to be protected from racial discrimination.
- Defines "race," for purposes of the Unruh Act, to include traits associated with race, including, but not limited to, hair texture and protective hairstyles.
- Defines "protective hairstyles," for purposes of the above, to include such hairstyles as braids, locks, and twists.
COMMENTS
SB 188 and the CROWN Act. With SB 188 (Smith), Chapter 58, Statutes of 2019, California joined a handful of other states in passing the CROWN Act – which stands for "Creating a Respectful and Open World for Natural Hair." After SB 188 became law, a number of states adopted the law; as of July 2023, 22 states had done so. The CROWN Act defined "race" for purposes of anti-discrimination provisions of the Government Code and Education to include "traits historically associated with race," including hair texture and protective hairstyles." This bill logically extends that definition to the Unruh Civil Rights Act in the California Civil Code. The bill also makes a minor but important change to existing law by eliminating the vague requirement that traits must be "historically" associated with race. Determining whether a trait is, for example, "historically" as opposed to "culturally" associated with race is necessarily ambiguous and beside the point, so long as the trait is closely enough associated with race to serve as a proxy for racial discrimination.
Prior to the CROWN Act, existing state and federal law prohibited discrimination based on race, gender, and other characteristics. Both California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 (Title VII) prohibit employment practices that discriminate against employees (and applicants for employment) on the basis of enumerated characteristics. Title VII prohibits employment discrimination based upon "sex, race, color, national origin, and religion." FEHA's more robust provisions prohibit discrimination based upon "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 military and veteran status." In addition, anti-discrimination provisions in the California Education Code prohibit educational institutions from discriminating based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or immigration status.
Immutable Afros and mutable cornrows. In interpreting Title VII, federal courts have taken a narrow view of what constitutes racial discrimination; they generally do not consider discrimination against hairstyles, such as cornrows or dreadlocks, to be associated with a race and therefore do not see it as a form of racial discrimination prohibited by Title VII. The federal Title VII rulings affect state court rulings because, in the absence of state case law on a particular question, state courts look to cases interpreting Title VII when applying FEHA, due to the common purpose of the statutes. According to some legal scholars, the federal courts' refusal to consider hairstyle discrimination as a form of racial discrimination reflects an untenable distinction between racial traits that are biological and "immutable" (such as skin color or hair texture), versus traits that are cultural and "mutable" (such as hairstyles). Most notably, according to many legal scholars and advocates of the CROWN Act, the courts have not seen hair discrimination as a form of racial discrimination because they have failed to recognize that implicit Eurocentric standards of proper grooming and professionalism have a disparate and adverse impact on African Americans, especially when it comes to hairstyles.
The questionable distinction between "immutable" and "mutable" racial traits is clearly illustrated in EEOC v Catastrophe Management (2016) 852 F.3d 1018, a case involving an employee punished for wearing dreadlocks. Legal scholar Professor D. Wendy Greene explains that courts use of the "immutability doctrine" – and the dated biological notions of race that inform it – has resulted in incoherency in anti-discrimination law, an incoherency that has especially detrimental consequences for Black women. In the Catastrophe decision, the court admitted that while dreadlocks were a hairstyle common for black people, they nonetheless were a chosen "style" and, unlike race itself, did not qualify as "immutable." The court acknowledged that "the distinction between immutable and mutable characteristics of race can sometimes be a fine (and difficult) one." Nonetheless, the courts have drawn this fine and difficult distinction for more than 40 years. For example, in Jenkins v. Blue Cross (1976) 538 F.2d 164, a federal court recognized a claim for racial discrimination based on the plaintiff's allegation that she was denied a promotion because she wore her hair in a "natural" Afro. Five years later, however, in Rogers v. American Airlines (1981) 527 F. Supp. 229, a federal court held that a grooming policy prohibiting an all-braided hairstyle (applied to an African American woman who wore cornrows) did not constitute racial discrimination. The court distinguished "natural" and "immutable" Afros from cornrowed braids, which, the court opined, had no biological basis and were merely "the product of . . . artifice." However, as Greene and other critics of the courts' hair discrimination cases point out, the court's reasoning is wanting. African Americans are not the only persons who can grow Afros (if one means by that hair that tends to grow out rather than down) and not all persons of African descent can grow Afros. On the other hand, while braids and twists might involve "artifice," many African American women use these styles because they are "protective" of their "natural" hair texture and necessary for healthy hair maintenance. In short, the range of hairstyles donned by African Americans (or anyone else for that matter) cannot be neatly parted between the "natural" and the "artificial."
Extending the CROWN Act definition to the Unruh Civil Rights Act. SB 188 helped to eliminate some of the confusion and incoherence found in the case law by expressly stating that racial discrimination includes discrimination based on traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, such as braids, locks, and twists. Because conflicts over hair discrimination were felt most keenly in the workplace and in the schools, the CROWN Act only amended the anti-discrimination provisions of FEHA and the Education Code. However, the state's interest in preventing discrimination on the basis of protected characteristics is not restricted to those codes. Most notably, the Unruh Civil Rights Act (Civil Code Section 51) prohibits "business establishments," broadly defined, from discrimination on the basis of a number of protected characteristics, including race. It follows, therefore, that if racial discrimination includes hairstyle discrimination in FEHA and the Education Code, it should also include hairstyle discrimination in the Unruh Act.
The broad scope of "business establishments of any kind whatsoever." The current bill was prompted by one of the recommendations outlined by the Final Report of the Reparations Task Force, which noted that private entities that are neither employers nor schools – and therefore not covered by the CROWN Act amendments to FEHA and the Education Code – sometimes engage in racially-based hairstyle discrimination. The Report cited, in particular, amateur and youth sports organizations which allegedly discriminated against African American athletes based on natural or culturally-rooted hairstyles, in some cases forcing them to cut their hair or change their hairstyle as a condition of participation.
By adding the CROWN Act definition to the Unruh Act, this bill will not only protect against hairstyle discrimination against amateur and youth sports organizations, but against any private entities open to members of the public, whether they are for-profit businesses or non-profit organizations. The Unruh Act, enacted in 1959, prohibits "any business establishment of any kind whatsoever" (emphasis added) from discriminating on the basis of protected characteristics. While the l959 legislation initially attempted to prevent for-profit businesses from denying services to a person on the basis of a protected characteristic, the courts have consistently construed the types of "establishments" covered quite broadly, taking note of the Legislature's intentional qualifier, "of any kind whatsoever." For example, courts have held that this broad construction of "business establishment" applies to "an organization that is classically public in its operation, namely one that opens its doors to the entire youthful population of a city, or a broad segment of the population." (Whooley v Tamalpais Union High School District (2019) 399 F. Supp. 2d 1039.) As such, the courts have made it clear that "nonprofit status does not exclude organizations from the scope of the Unruh Civil Rights Act. (Hart v. Cult Awareness Network (1993) 13 Cal. App. 4th 777.) Accordingly, the California Supreme Court has held that a Boys' Club that operated a community recreational facility was a "business establishment" within the meaning of the Unruh Act, and therefore could not prohibit girls from using its facilities. (Isbister v Boys' Club of Santa Cruz (1985) 40 Cal. 3d 72; see also Harris v. Mothers Against Drunk Driving (1995) 40 Cal. App. 4th 16 (holding that an organization "is not excluded from ambit of Unruh Civil Rights Act simply because it is private or nonprofit.") While a recent California Supreme Court ruling held that school districts are not "business establishments" under the Unruh Act, they are nonetheless subject to the anti-discrimination provisions of the Education Code. (Brennan B. v. Superior Court of Contra Costa Co. (2022) 296 Cal. Rptr. 3d 360.)
Amending the CROWN Act. In addition to amending the Unruh Act to define race to include traits associated with race, this bill also makes one minor, but important, change to the existing CROWN Act. Specifically, the CROWN Act defined race to "include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles." (Emphasis added.) According to Professor D. Wendy Greene, the word "historically" is an ambiguous term that does not add anything of importance to the definition. It is not clear, for example, what would constitute a "historically" associated trait, as opposed to, for example, a "culturally" or "socially" or "biologically" associated trait. It was, after all, the wish to eliminate arbitrary distinctions – such as "natural" versus "cultural" hairstyles – that prompted the CROWN Act in the first place. It should not matter why the trait is associated with race, so long as the trait is sufficiently associated with race to serve as a proxy for racial discrimination. Therefore, this bill removes the word "historically" from the definitions in FEHA and the Education Code and eliminates it from the definition proposed to be added to the Unruh Act.
According to the Author
According to the author, "[This bill] would expand the CROWN Act to include an amateur sports organizations or youth sports organizations. Discrimination does not take place only in schools and the work place but also on the sports field. The original CROWN Act protected students and employees; however, many children compete in non-school affiliated athletics such as club sports and adults participate in sports and are not paid to do so. This bill would protect both of these populations from discrimination."
Arguments in Support
ACLU California Action (ACLU) supports [this bill] as an important expansion of the CROWN Act. While "the original CROWN Act protected students and employees . . . many children compete in non-school affiliated athletics such as club sports, and adults participate in sports and are not paid to do so." ACLU argues that hair discrimination, which is "rooted in a legacy of race and gender bias," is a harmful practice with serious economic and health consequences, particularly for African American women in employment settings. . . Hair discrimination has frequently been operationalized in employer-based grooming guidelines that promote a Eurocentric image of professionalism while treating textured hair, dark skin, and other characteristics associated with blackness as an inferior departure from the norm." ACLU contends that [this bill] "addresses an often-overlooked form of racial discrimination that affects our youth — bias based on hair texture and protective hairstyles, such as braids, locks, and twists. By extending anti-discrimination protections within amateur sports organizations, this bill acknowledges and seeks to dismantle the deep-rooted prejudices that impact children and adolescents of color in their sports activities and beyond."
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Assembly Appropriations analysis, minor and absorbable costs to the Civil Rights Department.
VOTES
ASM JUDICIARY: 11-1-0
YES: Kalra, Bauer-Kahan, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco, Reyes, Sanchez, Waldron
NO: Dixon
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Dixon
UPDATED
VERSION: March 21, 2024
CONSULTANT: Tom Clark / JUD. / (916) 319-2334 FN: 0002774
Date of Hearing: April 24, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1815
Author:(Weber) – As Amended Ver:March 21, 2024
Policy Committee: | Judiciary | Vote: | 11 - 1 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill redefines “race” under the Unruh Civil Rights Act to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, and alters the definition of “race” in other anti-discrimination statutes.
FISCAL EFFECT:
Minor and absorbable costs to the Civil Rights Department.
COMMENTS:
- Purpose. According to the author:
AB 1815 and its addition to the Unruh Civil Rights Act, would expand the CROWN Act to include an amateur sports organizations or youth sports organizations and any private entities open to members of the public, whether they are for-profit businesses or non-profit organizations. . The CROWN Act–which stands for “Creating a Respectful and Open World for Natural Hair” expanded the definition of “race,” for purposes of certain anti-discrimination statutes, to expressly define race to include traits associated with race, including, but not limited to, hair texture and protective hairstyles. Discrimination takes place systemically within schools, the work place and on the sports field, this bill would protect both students and employees from discrimination within these spaces.
- Background. In 2019, the Legislature enacted the CROWN Act, SB 188 (Mitchell), Chapter 58, Statutes of 2019. The CROWN Act expanded the definition of “race” in California’s Education Code and Fair Employment Housing Act, specifying that race includes traits historically associated with race, including but not limited to, protective hairstyles. As stated in the CROWN Act’s findings and declarations:
The history of our nation is riddled with laws and societal norms that equated “blackness,” and the associated physical traits, for example, dark skin, kinky and curly hair to a badge of inferiority, sometimes subject to separate and unequal treatment…In a society in which hair has historically been one of many determining factors of a person’s race, and whether they were a second class citizen, hair today remains a proxy for race. Therefore, hair discrimination targeting hairstyles associated with race is racial discrimination.
This bill removes the word “historically” from the CROWN Act’s definition of race, eliminating a vague element of the definition. Under the revised definition, a person bringing a case alleging race discrimination on the basis of their hairstyle will no longer need to demonstrate that their hairstyle was historically associated with race; rather, they would merely need to show that the hairstyle is closely enough related to race to serve as a proxy for racial discrimination.
The bill also adds this revised definition of race to the Unruh Civil Rights Act. The Unruh Civil Rights Act prohibits businesses from denying equal services and accommodations to any person on the basis of certain protected characteristics, including race. If this bill is enacted, each of California’s major anti-discrimination laws will explicitly acknowledge and protect against hair discrimination.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 2, 2024
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
ABPCA Bill Id:AB 1815
Author:(Weber) – As Amended Ver:March 21, 2024
SUBJECT: Discrimination: race: hairstyles
KEY ISSUE: should the term “Race” in the UnRUH CIVIL RIGHTS ACT be defined to include traits associated with race, includng hair texture and protective hairstyles, in order to make the definition consistent with definitions in the Government and Education Codes?
SYNOPSIS
This bill is a follow up to SB 188 (Chap. 58, Stats. 2019), also known as the CROWN Act. That measure attempted to address confusion in existing anti-discrimination case law as to whether discrimination against hairstyles commonly associated with a particular race constituted a form of racial discrimination. The CROWN Act expanded the definition of “race,” for purposes of certain anti-discrimination statutes, to expressly define race to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. Because conflicts over hair discrimination were felt most keenly in the workplace and in schools, the CROWN Act only amended the anti-discrimination provisions in the Fair Employment and Housing Act (FEHA) and the Education Code. However, the state’s interest in preventing discrimination on the basis of protected characteristics is not restricted to those codes. Most notably, the Unruh Civil Rights Act prohibits “business establishments,” broadly defined, from denying equal services and accommodations to any person on the basis of certain protected characteristics, including race. It follows, therefore, that if racial discrimination includes hair discrimination in the other anti-discrimination provisions, then it should also include hair discrimination in the Unruh Act. The bill was prompted by one of the recommendations in the Final Report of the Reparations Task Force, which noted that private entities that are neither employers nor schools sometimes engage in racially based hairstyle discrimination. The Report cited, in particular, amateur and youth sports organizations that allegedly discriminated against African American athletes based on natural or culturally rooted hairstyles.
The bill will ensure that entities already prohibited from discriminating on the basis of race under the Unruh Act will also be prohibited from discriminating on the basis of traits associated with race, including hair texture and hairstyles. The bill also makes a minor but important change to existing law by eliminating the vague requirement that traits must be “historically” associated with race. Determining whether a trait is “historically” or “culturally” associated with race, for example, is necessarily ambiguous and beside the point, so long as the trait is closely enough associated with race to serve as a proxy for racial discrimination. The bill is supported by several civil rights and social justice groups, among others. There is no known opposition.
SUMMARY: Defines the term race, for purposes of the Unruh Act, to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and makes a minor change to the existing CROWN Act. Specifically, this bill:
- Amends the definition of “race” in the anti-discrimination provisions of the Government Code and the Education Code to eliminate the requirement that a trait must be “historically” associated with race in order for it to be protected from racial discrimination.
- Defines “race,” for purposes of the Unruh Act, to include traits associated with race, including, but not limited to, hair texture and protective hairstyles.
- Defines “protective hairstyles,” for purposes of the above, to include such hairstyles as braids, locks, and twists.
EXISTING LAW:
- Prohibits a business establishment from denying full and equal accommodations, advantages, facilities, privileges, or services to any person on the basis of that person’s sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. (Civil Code Section 51.)
- Prohibits discrimination based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or immigration status in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance, or enrolls pupils who receive state student financial aid. (Education Code Section 200 et seq.)
- Defines “race or ethnicity,” for purposes of the provision above, to include ancestry, color, ethnic group identification, and ethnic background. Defines “race” to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. Defines “protective hairstyles” to include such hairstyles as braids, locks, and twists. (Education Code Section 212.1.)
- Makes it an unlawful employment practice for an employer to discriminate against an applicant or employee because of the applicant’s or employee’s 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 military and veteran status. Makes exemptions for practices based upon a bona fide employment qualification or an applicable security regulation established by the United States or the State of California. (Government Code Section 12940.)
- Specifies, for purposes of the anti-discrimination provisions of the Fair Employment and Housing Act, that race and any other protected characteristic includes a perception that the person has any of the protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. (Government Code Section 12926 (o).)
- Defines “race,” for purposes of the provisions above, to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. Defines “protective hairstyles” to include such hairstyles as braids, locks, and twists. (Government Code Section 12926 (w), (x).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: According to the author, “AB 1815 would expand the CROWN Act to include an amateur sports organizations or youth sports organizations. Discrimination does not take place only in schools and the work place but also on the sports field. The original CROWN Act protected students and employees; however, many children compete in non-school affiliated athletics such as club sports and adults participate in sports and are not paid to do so. This bill would protect both of these populations from discrimination.”
SB 188 and the CROWN Act. With SB 188 (Chap. 58, Stats. 2019), California joined a handful of other states in passing the CROWN Act – which stands for “Creating a Respectful and Open World for Natural Hair.” After SB 188 became law, a number of states adopted the law; as of July 2023, twenty-two states had done so. The CROWN Act defined “race” for purposes of anti-discrimination provisions of the Government Code and Education to include “traits historically associated with race,” including hair texture and protective hairstyles.” This bill logically extends that definition to the Unruh Civil Rights Act in the California Civil Code. The bill also makes a minor but important change to existing law by eliminating the vague requirement that traits must be “historically” associated with race. Determining whether a trait is, for example, “historically” as opposed to “culturally” associated with race is necessarily ambiguous and beside the point, so long as the trait is closely enough associated with race to serve as a proxy for racial discrimination.
Prior to the CROWN Act, existing state and federal law prohibited discrimination based on race, gender, and other characteristics. Both California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 (Title VII) prohibit employment practices that discriminate against employees (and applicants for employment) on the basis of enumerated characteristics. Title VII prohibits employment discrimination based upon “sex, race, color, national origin, and religion.” FEHA’s more robust provisions prohibit discrimination based upon “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 military and veteran status.” In addition, anti-discrimination provisions in the California Education Code prohibit educational institutions from discriminating based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or immigration status.
Immutable Afros and mutable cornrows. In interpreting Title VII, federal courts have taken a narrow view of what constitutes racial discrimination; they generally do not consider discrimination against hairstyles, such as cornrows or dreadlocks, to be associated with a race and therefore do not see it as a form of racial discrimination prohibited by Title VII. The federal Title VII rulings affect state court rulings because, in the absence of state case law on a particular question, state courts look to cases interpreting Title VII when applying FEHA, due to the common purpose of the statutes. According to some legal scholars, the federal courts’ refusal to consider hairstyle discrimination as a form of racial discrimination reflects an untenable distinction between racial traits that are biological and “immutable” (such as skin color or hair texture), versus traits that are cultural and “mutable” (such as hairstyles). Most notably, according to many legal scholars and advocates of the CROWN Act, the courts have not seen hair discrimination as a form of racial discrimination because they have failed to recognize that implicit Eurocentric standards of proper grooming and professionalism have a disparate and adverse impact on African Americans, especially when it comes to hairstyles.
As the legal scholar D. Wendy Greene has demonstrated in a series of articles, the courts’ reasoning in these cases rests upon a dubious distinction between the “natural” Afro, on the one hand, and braids, locks, and twists, on the other hand, which, according to the courts, are the result of choice and artifice. Greene argues that the federal courts have misused the “immutability doctrine” to reason that while “race” may be immutable – and thus a proper category for antidiscrimination protections – hairstyles (with the possible exception of the Afro) are mutable – that is, they can be changed. Moreover, Professor Greene shows that employer grooming polices, though often irrelevant to a person’s ability to perform the job, too often constitute a barrier to employment for Black women and an assault on their dignity when in the workplace. (See Wendy Greene, Title VII: What’s Hair (and other Raced-Based Characteristics) Got to Do with It, (2008) 79 U. Colo. L. Rev. 1355; Idem., Black Women Can’t Have Blonde Hair – In the Workplace, (2011) 14 J. Gender Race & Just. 405; Idem., Categorically Black, White, or Wrong: “Misperception Discrimination” and the State of Title VII Protection, (2013) 47 U. Mich. J.L. Reform 87; and Idem., Splitting Hairs: The Eleventh Circuit's Take on Workplace Bans against Black Women's Natural Hair in EEOC v. Catastrophe Management Solutions (2017)71 U. Miami L. Rev. 987.)
The questionable distinction between “immutable” and “mutable” racial traits is clearly illustrated in EEOC v Catastrophe Management (2016) 852 F.3d 1018, a case involving an employee punished for wearing dreadlocks. Greene explains that courts use of the “immutability doctrine” – and the dated biological notions of race that inform it – has resulted in incoherency in anti-discrimination law, an incoherency that has especially detrimental consequences for Black women. In the Catastrophe decision, the court admitted that while dreadlocks were a hairstyle common for black people, they nonetheless were a chosen “style” and, unlike race itself, did not qualify as “immutable.” The court acknowledged that “the distinction between immutable and mutable characteristics of race can sometimes be a fine (and difficult) one.” Nonetheless, the courts have drawn this fine and difficult distinction for more than forty years. For example, in Jenkins v. Blue Cross (1976) 538 F.2d 164, a federal court recognized a claim for racial discrimination based on the plaintiff's allegation that she was denied a promotion because she wore her hair in a “natural” Afro. Five years later, however, in Rogers v. American Airlines (1981) 527 F. Supp. 229, a federal court held that a grooming policy prohibiting an all-braided hairstyle (applied to an African American woman who wore cornrows) did not constitute racial discrimination. The court distinguished “natural” and “immutable” Afros from cornrowed braids, which, the court opined, had no biological basis and were merely "the product of . . . artifice." However, as Greene and other critics of the courts’ hair discrimination cases point out, the court’s reasoning is wanting. African Americans are not the only persons who can grow Afros (if one means by that hair that tends to grow out rather than down) and not all persons of African descent can grow Afros. On the other hand, while braids and twists might involve “artifice,” many African American women use these styles because they are “protective” of their “natural” hair texture and necessary for healthy hair maintenance. In short, the range of hairstyles donned by African Americans (or anyone else for that matter) cannot be neatly parted between the “natural” and the “artificial.”
Extending the CROWN Act definition to the Unruh Civil Rights Act. SB 188 helped to eliminate some of the confusion and incoherence found in the case law by expressly stating that racial discrimination includes discrimination based on traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, such as braids, locks, and twists. Because conflicts over hair discrimination were felt most keenly in the workplace and in the schools, the CROWN Act only amended the anti-discrimination provisions of FEHA and the Education Code. However, the state’s interest in preventing discrimination on the basis of protected characteristics is not restricted to those codes. Most notably, the Unruh Civil Rights Act (Civil Code Section 51) prohibits “business establishments,” broadly defined, from discrimination on the basis of a number of protected characteristics, including race. It follows, therefore, that if racial discrimination includes hairstyle discrimination in FEHA and the Education Code, it should also include hairstyle discrimination in the Unruh Act.
The broad scope of “business establishments of any kind whatsoever.” The current bill was prompted by one of the recommendations outlined by the Final Report of the Reparations Task Force, which noted that private entities that are neither employers nor schools – and therefore not covered by the CROWN Act amendments to FEHA and the Education Code – sometimes engage in racially-based hairstyle discrimination. The Report cited, in particular, amateur and youth sports organizations which allegedly discriminated against African American athletes based on natural or culturally-rooted hairstyles, in some cases forcing them to cut their hair or change their hairstyle as a condition of participation.
By adding the CROWN Act definition to the Unruh Act, this bill will not only protect against hairstyle discrimination against amateur and youth sports organizations, but against any private entities open to members of the public, whether they are for-profit businesses or non-profit organizations. The Unruh Act, enacted in 1959, prohibits “any business establishment of any kind whatsoever” [emphasis added] from discriminating on the basis of protected characteristics. While the l959 legislation initially attempted to prevent for-profit businesses from denying services to a person on the basis of a protected characteristic, the courts have consistently construed the types of “establishments” covered quite broadly, taking note of the legislature’s intentional qualifier, “of any kind whatsoever.” For example, courts have held that this broad construction of “business establishment” applies to “an organization that is classically public in its operation, namely one that opens its doors to the entire youthful population of a city, or a broad segment of the population.” (Whooley v Tamalpais Union High School District (2019) 399 F. Supp. 2d 1039.) As such, the courts have made it clear that “nonprofit status does not exclude organizations from the scope of the Unruh Civil Rights Act. (Hart v. Cult Awareness Network (1993) 13 Cal. App. 4th 777.) Accordingly, the California Supreme Court has held that a Boys’ Club that operated a community recreational facility was a “business establishment” within the meaning of the Unruh Act, and therefore could not prohibit girls from using its facilities. (Isbister v Boys’ Club of Santa Cruz (1985) 40 Cal. 3d 72; see also Harris v. Mothers Against Drunk Driving (1995) 40 Cal. App. 4th 16 (holding that an organization “is not excluded from ambit of Unruh Civil Rights Act simply because it is private or nonprofit.”) While a recent California Supreme Court ruling held that school districts are not “business establishments” under the Unruh Act, they are nonetheless subject to the anti-discrimination provisions of the Education Code. (Brennan B. v. Superior Court of Contra Costa Co. (2022) 296 Cal. Rptr. 3d 360.)
Amending the CROWN Act. In addition to amending the Unruh Act to define race to include traits associated with race, this bill also makes one minor, but important, change to the existing CROWN Act. Specifically, the CROWN Act defined race to “include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” (Emphasis added.) According to Professor D. Wendy Greene, the word “historically” is an ambiguous term that does not add anything of importance to the definition. It is not clear, for example, what would constitute a “historically” associated trait, as opposed to, for example, a “culturally” or “socially” or “biologically” associated trait. It was, after all, the wish to eliminate arbitrary distinctions – such as “natural” versus “cultural” hairstyles – that prompted the CROWN Act in the first place. It should not matter why the trait is associated with race, so long as the trait is sufficiently associated with race to serve as a proxy for racial discrimination. Therefore, this bill removes the word “historically” from the definitions in FEHA and the Education Code and eliminates it from the definition proposed to be added to the Unruh Act.
ARGUMENTS IN SUPPORT: ACLU California Action (ACLU) supports AB 1815 as an important expansion of the CROWN Act. While “the original CROWN Act protected students and employees . . . many children compete in non-school affiliated athletics such as club sports, and adults participate in sports and are not paid to do so.” ACLU argues that hair discrimination, which is “rooted in a legacy of race and gender bias,” is a harmful practice with serious economic and health consequences, particularly for African American women in employment settings. These consequences are likely compounded for African American transgender, gender non-conforming, and non-binary individuals experiencing discrimination at work. Hair discrimination has frequently been operationalized in employer-based grooming guidelines that promote a Eurocentric image of professionalism while treating textured hair, dark skin, and other characteristics associated with blackness as an inferior departure from the norm.” ACLU contends that AB 1815 “addresses an often-overlooked form of racial discrimination that affects our youth — bias based on hair texture and protective hairstyles, such as braids, locks, and twists. By extending anti-discrimination protections within amateur sports organizations, this bill acknowledges and seeks to dismantle the deep-rooted prejudices that impact children and adolescents of color in their sports activities and beyond.”
The California Academy of Child and Adolescent Psychiatry (CACAP) writes that while the “California Fair Employment and Housing Act has led the way in prohibiting discrimination based on race and associated traits, and it is imperative that these protections extend to all areas of public life, including youth and amateur sports.” CACAP notes that sports “play a crucial role in the mental and physical development of our youth, providing valuable opportunities for teamwork, self-discipline, and self-esteem. However, when children face discrimination based on their natural hair or chosen hairstyles, it can have lasting negative impacts on their mental health, sense of belonging, and overall well-being.” CACAP believes that AB 1815 is “an important step towards ensuring that children and adolescents can participate in amateur sports free from discrimination and bias, allowing them to thrive both on and off the field.”
REGISTERED SUPPORT / OPPOSITION:
Support
ACLU California Action
Black Equity Collective
California Academy of Child and Adolescent Psychiatry
California Black Power Network
California Federation of Teachers
California Reparations Task Force Members Dr. Cheryl Grills, Lisa Holder, and Don Tamaki
California State PTA
California-Hawaii State Conference of The NAACP
Catalyst California
Equal Justice Society
Livefree California
Los Angeles County Office of Education
Western Center on Law & Poverty
One individual
Opposition
None on file
Analysis Prepared by: Tom Clark / JUD. / (916) 319-2334
Discussed in Hearing
1MIN
Assembly Floor
6SEC
Assembly Floor
2MIN
Senate Floor
5MIN
Senate Standing Committee on Judiciary
4MIN
Assembly Floor
1MIN
Assembly Standing Committee on Appropriations
8MIN
