SB 403: Discrimination on the basis of ancestry.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-09-07
Current Status:
Failed
(2024-01-25: Veto sustained.)
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 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.
This bill would define ancestry for purposes of the act to include, among other things, caste, as defined.
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 specified other characteristics, equal rights and opportunities in the educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.
This bill would additionally include ancestry as a protected characteristic in that policy statement and would define ancestry and caste for purposes of those provisions.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA declares the public policy of the state that it is necessary to protect and safeguard the right of all persons to seek, obtain, and hold employment without discrimination, and recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment without discrimination, based on specified characteristics, including ancestry. The FEHA makes certain discriminatory employment practices based on those characteristics unlawful.
This bill would define ancestry for purposes of the FEHA to include, among other things, caste, and would also define caste for purposes of those provisions.
This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 524 to be operative only if this bill and AB 524 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 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.
This bill would define ancestry for purposes of the act to include, among other things, caste, as defined.
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 specified other characteristics, equal rights and opportunities in the educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.
This bill would additionally include ancestry as a protected characteristic in that policy statement and would define ancestry and caste for purposes of those provisions.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA declares the public policy of the state that it is necessary to protect and safeguard the right of all persons to seek, obtain, and hold employment without discrimination, and recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment without discrimination, based on specified characteristics, including ancestry. The FEHA makes certain discriminatory employment practices based on those characteristics unlawful.
This bill would define ancestry for purposes of the FEHA to include, among other things, caste, and would also define caste for purposes of those provisions.
This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 524 to be operative only if this bill and AB 524 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 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.
This bill would additionally provide that all persons within the jurisdiction of the state are so entitled regardless of their define ancestry for purposes of the act to include, among other things, caste, as defined.
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 specified other characteristics, equal rights and opportunities in the educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.
This bill would additionally include caste, as defined, ancestry as a protected characteristic in that policy statement. statement and would define ancestry and caste for purposes of those provisions.
Existing law prohibits discrimination in any program or activity that is conducted, operated, or administered by the state, or by any state agency, that is funded directly by the state, or that receives any financial assistance from the state, based upon specified personal characteristics.This bill would also prohibit discrimination based upon caste, as defined.Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA declares the public policy of the state that it is necessary to protect and safeguard the right of all persons to seek, obtain, and hold employment without discrimination on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status. The FEHA discrimination, and recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment without discrimination because of a specified characteristic. discrimination, based on specified characteristics, including ancestry. The FEHA makes certain discriminatory employment practices based on those characteristics unlawful.
This bill would revise FEHA to prohibit prescribed discriminatory employment practices on account of caste. define ancestry for purposes of the FEHA to include, among other things, caste, and would also define caste for purposes of those provisions.
The FEHA further declares the practice of discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations to be against public policy. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold housing without discrimination because of a specified characteristic. The FEHA makes certain discriminatory housing practices based on those characteristics unlawful, including to discriminate through public or private land use practices, decisions, and authorizations because of a specified characteristic, including the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void. The FEHA authorizes a person who holds an ownership interest of record in property that they believe is the subject of an unlawfully restrictive covenant, as specified, to record a Restrictive Covenant Modification, which is required to include a copy of the original document with the illegal language stricken.This bill would revise these FEHA housing provisions to include protection for discrimination because of caste.This bill would make additional similar changes relating to the duties and powers of the department and the construction of the FEHA and would define caste for purposes of the FEHA.Existing law, the Unruh Civil Rights Act, provides that 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.
This bill would additionally provide that all persons within the jurisdiction of the state are so entitled regardless of their caste, as defined.
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 specified other characteristics, equal rights and opportunities in the educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.
This bill would additionally include caste, as defined, as a protected characteristic in that policy statement.
Existing law prohibits discrimination in any program or activity that is conducted, operated, or administered by the state, or by any state agency, that is funded directly by the state, or that receives any financial assistance from the state, based upon specified personal characteristics.
This bill would also prohibit discrimination based upon caste, as defined.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA declares the public policy of the state that it is necessary to protect and safeguard the right of all persons to seek, obtain, and hold employment without discrimination on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment without discrimination because of a specified characteristic. The FEHA makes certain discriminatory employment practices based on those characteristics unlawful.
This bill would revise FEHA to prohibit prescribed discriminatory employment practices on account of caste.
The FEHA further declares the practice of discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations to be against public policy. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold housing without discrimination because of a specified characteristic. The FEHA makes certain discriminatory housing practices based on those characteristics unlawful, including to discriminate through public or private land use practices, decisions, and authorizations because of a specified characteristic, including the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void. The FEHA authorizes a person who holds an ownership interest of record in property that they believe is the subject of an unlawfully restrictive covenant, as specified, to record a Restrictive Covenant Modification, which is required to include a copy of the original document with the illegal language stricken.
This bill would revise these FEHA housing provisions to include protection for discrimination because of caste.
This bill would make additional similar changes relating to the duties and powers of the department and the construction of the FEHA and would define caste for purposes of the FEHA.
Existing law, the Unruh Civil Rights Act, provides that 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.
This bill would additionally provide that all persons within the jurisdiction of the state are so entitled regardless of their caste, as defined.
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 specified other characteristics, equal rights and opportunities in the educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.
This bill would additionally include caste, as defined, as a protected characteristic in that policy statement.
Existing law prohibits discrimination in any program or activity that is conducted, operated, or administered by the state, or by any state agency, that is funded directly by the state, or that receives any financial assistance from the state, based upon specified personal characteristics.
This bill would also prohibit discrimination based upon caste, as defined.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA declares the public policy of the state that it is necessary to protect and safeguard the right of all persons to seek, obtain, and hold employment without discrimination on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment without discrimination because of a specified characteristic. The FEHA makes certain discriminatory employment practices based on those characteristics unlawful.
This bill would revise FEHA to prohibit prescribed discriminatory employment practices on account of caste.
The FEHA further declares the practice of discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations to be against public policy. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold housing without discrimination because of a specified characteristic. The FEHA makes certain discriminatory housing practices based on those characteristics unlawful, including to discriminate through public or private land use practices, decisions, and authorizations because of a specified characteristic, including the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void. The FEHA authorizes a person who holds an ownership interest of record in property that they believe is the subject of an unlawfully restrictive covenant, as specified, to record a Restrictive Covenant Modification, which is required to include a copy of the original document with the illegal language stricken.
This bill would revise these FEHA housing provisions to include protection for discrimination because of caste.
This bill would make additional similar changes relating to the duties and powers of the department and the construction of the FEHA and would define caste for purposes of the FEHA.
Existing law, the Unruh Civil Rights Act, provides that 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.
This bill would additionally provide that all persons within the jurisdiction of the state are so entitled regardless of their caste, as defined.
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 specified other characteristics, equal rights and opportunities in the educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.
This bill would additionally include caste, as defined, as a protected characteristic in that policy statement.
Existing law prohibits discrimination in any program or activity that is conducted, operated, or administered by the state, or by any state agency, that is funded directly by the state, or that receives any financial assistance from the state, based upon specified personal characteristics.
This bill would also prohibit discrimination based upon caste, as defined.
Existing law, the California Fair Employment and Housing Act, Act (FEHA), establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment and employment, as prescribed. The FEHA declares the public policy of the state that it is necessary to protect and safeguard the right of all persons to obtain seek, obtain, and hold employment without discrimination based on specified characteristics or status, including, among others, ancestry. on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment without discrimination because of a specified characteristic. The FEHA makes certain discriminatory employment practices based on those characteristics unlawful.
This bill would state the intent of the Legislature to enact future legislation that would protect people from discrimination on the basis of their ancestry.This bill would revise FEHA to prohibit prescribed discriminatory employment practices on account of caste.
The FEHA further declares the practice of discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations to be against public policy. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold housing without discrimination because of a specified characteristic. The FEHA makes certain discriminatory housing practices based on those characteristics unlawful, including to discriminate through public or private land use practices, decisions, and authorizations because of a specified characteristic, including the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void. The FEHA authorizes a person who holds an ownership interest of record in property that they believe is the subject of an unlawfully restrictive covenant, as specified, to record a Restrictive Covenant Modification, which is required to include a copy of the original document with the illegal language stricken.
This bill would revise these FEHA housing provisions to include protection for discrimination because of caste.
This bill would make additional similar changes relating to the duties and powers of the department and the construction of the FEHA and would define caste for purposes of the FEHA.
Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status, including, among others, ancestry.
This bill would state the intent of the Legislature to enact future legislation that would protect people from discrimination on the basis of their ancestry.
The Legislature finds and declares the following:
The amendments in this act are declarative of and clarify existing law. This act shall not be construed to mean that discrimination on the basis of ancestry does not already include discrimination on the basis of lineal descent, heritage, parentage, caste, or any other inherited social status.
SEC. 2.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)Religion includes all aspects of religious belief, observance, and practice.
(5)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)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)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(8)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
(9)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
(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. 3.Section 200 of the Education Code is amended to read:200.It is the policy of the State of California to afford all persons in public schools, regardless of their disability, ancestry, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, equal rights, and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor.
SEC. 4.Section 210.2 of the Education Code is amended to read:210.2.Disability, ancestry, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code 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.
SEC. 5.Section 210.4 is added to the Education Code, to read:210.4.(a)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
(b)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
SEC. 6.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.
(z)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
(aa)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
SEC. 6.5.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, 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, family caregiver 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, family caregiver 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, layoff, 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.
(z)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
(aa)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
(ab)Family caregiver status means a person who contributes to the care of one or more family members. For purposes of this subdivision, family member means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or any individual previously identified as a designated person under Section 12945.2.
SEC. 7.Section 6.5 of this bill incorporates amendments to Section 12926 of the Government Code proposed by both this bill and Assembly Bill 524. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 12926 of the Government Code, and (3) this bill is enacted after Assembly Bill 524, in which case Section 6 of this bill shall not become operative.
The Legislature finds and declares the following:
The amendments in this act are declarative of and clarify existing law. This act shall not be construed to mean that discrimination on the basis of ancestry does not already include discrimination on the basis of lineal descent, heritage, parentage, caste, or any other inherited social status.
SEC. 2.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)Religion includes all aspects of religious belief, observance, and practice.
(5)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)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)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(8)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
(9)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
(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. 3.Section 200 of the Education Code is amended to read:200.It is the policy of the State of California to afford all persons in public schools, regardless of their disability, ancestry, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, equal rights, and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor.
SEC. 4.Section 210.2 of the Education Code is amended to read:210.2.Disability, ancestry, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code 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.
SEC. 5.Section 210.4 is added to the Education Code, to read:210.4.(a)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
(b)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
SEC. 6.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.
(z)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
(aa)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
SEC. 6.5.Section 12926 of the Government Code is amended to read:12926.As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a)Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, 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, family caregiver 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, family caregiver 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, layoff, 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.
(z)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
(aa)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
(ab)Family caregiver status means a person who contributes to the care of one or more family members. For purposes of this subdivision, family member means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or any individual previously identified as a designated person under Section 12945.2.
SEC. 7.Section 6.5 of this bill incorporates amendments to Section 12926 of the Government Code proposed by both this bill and Assembly Bill 524. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 12926 of the Government Code, and (3) this bill is enacted after Assembly Bill 524, in which case Section 6 of this bill shall not become operative.
The Legislature finds and declares the following:
The amendments in this act are declarative of and clarify existing law. This act shall not be construed to mean that caste discrimination is not already prohibited under existing law, including by protections for religion, ancestry, national origin, ethnicity, race, color, or any other protected characteristic under existing law. discrimination on the basis of ancestry does not already include discrimination on the basis of lineal descent, heritage, parentage, caste, or any other inherited social status.
SEC. 2.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, caste, 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, caste, 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)Religion includes all aspects of religious belief, observance, and practice.
(5)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)Sex, race, caste, 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)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(8)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
(8)(9)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
(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. 3.Section 200 of the Education Code is amended to read:200.It is the policy of the State of California to afford all persons in public schools, regardless of their disability, caste, ancestry, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, equal rights, and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor.
SEC. 4.Section 210.2 of the Education Code is amended to read:210.2.Disability, caste, ancestry, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code 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.
SEC. 5.Section 210.4 is added to the Education Code, to read:210.4.(a)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
Caste(b)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
SEC. 6.Section 11135 of the Government Code is amended to read:11135.(a)No person in the State of California shall, on the basis of sex, race, caste, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Notwithstanding Section 11000, this section applies to the California State University.(b)With respect to discrimination on the basis of disability, programs and activities subject to subdivision (a) shall meet the protections and prohibitions contained in Section 202 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof, except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities subject to subdivision (a) shall be subject to the stronger protections and prohibitions.(c)The protected bases referenced in this section have the same meanings as those terms are defined in Section 12926.(d)The protected bases used in this section include a perception that a 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.SEC. 7.Section 12920 of the Government Code is amended to read:12920.It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, caste, 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, reproductive health decisionmaking, or military and veteran status.It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially and adversely affects the interests of employees, employers, and the public in general.Further, the practice of discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations is declared to be against public policy.It is the purpose of this part to provide effective remedies that will eliminate these discriminatory practices.This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state.SEC. 8.Section 12921 of the Government Code is amended to read:12921.(a)The opportunity to seek, obtain, and hold employment without discrimination because of race, caste, 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, reproductive health decisionmaking, or veteran or military status is hereby recognized as and declared to be a civil right.(b)The opportunity to seek, obtain, and hold housing without discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code is hereby recognized as and declared to be a civil right.SEC. 9.SEC. 6.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, caste, 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, caste, 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.
(z)Ancestry includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
(z)(aa)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
SEC. 10.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, duties, and powers:(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.(b)To meet and function at any place within the state.(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.9, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.(5)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Section 1197.5 of the Labor Code. The department shall, in coordination with the Division of Labor Standards Enforcement within the Department of Industrial Relations, adopt procedures to ensure that the departments coordinate activities to enforce Section 1197.5 of the Labor Code.(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.(3)To issue written interrogatories.(4)To request the production for inspection and copying of books, records, documents, and physical materials.(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.(h)To bring civil actions pursuant to Section 12965 or 12981 of this code, or Title VII of the Civil Rights Act of 1964 (Public Law 88-352; 42 U.S.C. Sec. 2000 et seq.), as amended, the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. 12101, et seq.), as amended, or the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), and to prosecute those civil actions before state and federal trial courts.(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, caste, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint, an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.(n)On a challenge, pursuant to Section 1094.5 of the Code of Civil Procedure, to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.(o)By performing the functions and duties and exercising the powers set forth in this part, the department represents the interests of the state and effectuates the declared public policy of the state to protect and safeguard the rights and opportunities of all persons from unlawful discrimination and other violations of this part. This subdivision is declarative of existing law as stated in Department of Fair Employment and Housing v. Cathys Creations, Inc. (2020) 54 Cal.App.5th 404, 410.SEC. 11.Section 12931 of the Government Code is amended to read:12931.The department may also provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, reproductive health decisionmaking, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. The services of the department may be made available in cases of these disputes, disagreements, or difficulties only when, in its judgment, peaceful relations among the persons of the community involved are threatened thereby. The departments services are to be made available only upon the request of an appropriate state or local public body, or upon the request of any person directly affected by the dispute, disagreement, or difficulty.The assistance of the department pursuant to this section shall be limited to endeavors at investigation, conference, conciliation, and persuasion.SEC. 12.Section 12940 of the Government Code is amended to read:12940.It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:(a)For an employer, because of the race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.(1)This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, if the employee, because of a physical or mental disability, is unable to perform the employees essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations.(2)This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employees medical condition, is unable to perform the employees essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employees medical condition, is unable to perform the employees essential duties, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations.(3)Nothing in this part relating to discrimination on account of marital status shall do either of the following:(A)Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the council.(B)Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents.(4)Nothing in this part relating to discrimination on account of sex shall affect the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans.(5)(A)This part does not prohibit an employer from refusing to employ an individual because of the individuals age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices.(B)The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011.(b)For a labor organization, because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of the person in the election of officers of the labor organization or in the selection of the labor organizations staff or to discriminate in any way against any of its members or against any employer or against any person employed by an employer.(c)For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of the person discriminated against.(d)For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any non-job-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, caste, 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, reproductive health decisionmaking, or veteran or military status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant, or from specifying age limitations, if the law compels or provides for that action.(e)(1)Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability or physical disability or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.(2)Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicants request for reasonable accommodation.(3)Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry.(f)(1)Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.(2)Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that it can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite.(g)For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code that prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities.(h)For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.(i)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so.(j)(1)For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, caste, 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, reproductive health decisionmaking, or veteran or military status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employers control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.(2)The provisions of this subdivision are declaratory of existing law, except for the new duties imposed on employers with regard to harassment.(3)An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.(4)(A)For purposes of this subdivision only, employer means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of employer in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision.(B)Notwithstanding subparagraph (A), for purposes of this subdivision, employer does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2.(C)For purposes of this subdivision, harassment because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire.(5)For purposes of this subdivision, a person providing services pursuant to a contract means a person who meets all of the following criteria:(A)The person has the right to control the performance of the contract for services and discretion as to the manner of performance.(B)The person is customarily engaged in an independently established business.(C)The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employers work.(k)For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.(l)(1)For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the persons religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with the persons religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry.(2)An accommodation of an individuals religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public.(3)An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code.(4)For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.(m)(1)For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation.(2)For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.(n)For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.(o)For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic.(p)For an employer to require, as a condition of employment, continued employment, or a benefit of employment, the disclosure of information relating to an applicants or employees reproductive health decisionmaking.(q)Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veterans preference as permitted by law.SEC. 13.Section 12944 of the Government Code is amended to read:12944.(a)It shall be unlawful for a licensing board to require any examination or establish any other qualification for licensing that has an adverse impact on any class by virtue of its race, caste, religious creed, color, national origin or ancestry, sex, gender, gender identity, gender expression, age, medical condition, genetic information, physical disability, mental disability, reproductive health decisionmaking, or sexual orientation, unless the practice can be demonstrated to be job related.Where the council, after hearing, determines that an examination is unlawful under this subdivision, the licensing board may continue to use and rely on the examination until such time as judicial review by the superior court of the determination is exhausted.If an examination or other qualification for licensing is determined to be unlawful under this section, that determination shall not void, limit, repeal, or otherwise affect any right, privilege, status, or responsibility previously conferred upon any person by the examination or by a license issued in reliance on the examination or qualification.(b)It shall be unlawful for a licensing board to fail or refuse to make reasonable accommodation to an individuals mental or physical disability or medical condition.(c)It shall be unlawful for any licensing board, unless specifically acting in accordance with federal equal employment opportunity guidelines or regulations approved by the council, to print or circulate or cause to be printed or circulated any publication, or to make any non-job-related inquiry, either verbal or through use of an application form, which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, sex, gender, gender identity, gender expression, age, reproductive health decisionmaking, or sexual orientation or any intent to make any such limitation, specification, or discrimination. Nothing in this subdivision shall prohibit any licensing board from making, in connection with prospective licensure or certification, an inquiry as to, or a request for information regarding, the physical fitness of applicants if that inquiry or request for information is directly related and pertinent to the license or the licensed position the applicant is applying for. Nothing in this subdivision shall prohibit any licensing board, in connection with prospective examinations, licensure, or certification, from inviting individuals with physical or mental disabilities to request reasonable accommodations or from making inquiries related to reasonable accommodations.(d)It is unlawful for a licensing board to discriminate against any person because the person has filed a complaint, testified, or assisted in any proceeding under this part.(e)It is unlawful for any licensing board to fail to keep records of applications for licensing or certification for a period of two years following the date of receipt of the applications.(f)As used in this section, licensing board means any state board, agency, or authority in the Business, Consumer Services, and Housing Agency that has the authority to grant licenses or certificates which are prerequisites to employment eligibility or professional status.SEC. 14.Section 12955 of the Government Code is amended to read:12955.It shall be unlawful:(a)For the owner of any housing accommodation to discriminate against or harass any person because of the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.(b)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.(c)For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination.(d)For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, caste, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.(e)For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinance, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.(f)For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owners dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.(g)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.(h)For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin.(i)(1)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information.(2)For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate against any person in making available those services, or in the performance of those services, because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.(j)To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin.(k)To otherwise make unavailable or deny a dwelling based on discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.(l)To discriminate through public or private land use practices, decisions, and authorizations because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.(m)As used in this section, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, 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.(n)To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.(o)In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant, or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a housing owner or landlord is not considered a representative of a tenant unless the source of income is a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.(2)For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.SEC. 15.Section 12955.8 of the Government Code is amended to read:12955.8.For purposes of this article, in connection with unlawful practices:(a)Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence.(b)Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve.(1)Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect.(2)For purposes of this subdivision, the term business establishment shall have the same meaning as in Section 51 of the Civil Code.SEC. 16.Section 12956.1 of the Government Code is amended to read:12956.1.(a)As used in this section:(1)Association, governing documents, and declaration have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code.(2)Redaction means the process of rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible.(3)Redacted means the result of the rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible.(b)(1)A county recorder, title company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following:If this document contains any restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a Restrictive Covenant Modification form, together with a copy of the attached document with the unlawful provision redacted to the county recorders office. The Restrictive Covenant Modification form can be obtained from the county recorders office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.(2)The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder.(3)A title company, escrow company, or association that delivers a copy of a declaration, governing document, or deed directly to a person who holds an ownership interest of record in property shall also provide a Restrictive Covenant Modification form with procedural information for appropriate processing along with the document.(c)Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document.SEC. 17.Section 12956.2 of the Government Code is amended to read:12956.2.(a)(1)A person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Section 12955 may record a document titled Restrictive Covenant Modification. A title company, escrow company, county recorder, real estate broker, real estate agent, or other person also may record the modification document provided for in this section. The county recorder may waive the fee prescribed for recording and indexing instruments pursuant to Section 27361 in the case of a Restrictive Covenant Modification document. The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive covenant language redacted.(2)Beginning July 1, 2022, if a title company, escrow company, real estate broker, or real estate agent has actual knowledge that a declaration, governing document, or deed that is being directly delivered to a person who holds or is acquiring an ownership interest in property includes a possible unlawfully restrictive covenant, they shall notify the person who holds or is acquiring the ownership interest in the property of the existence of that covenant and their ability to have it removed through the restrictive covenant modification process. There shall be no presumption that a party providing a document has read the document or has actual knowledge of its content.(3)Beginning July 1, 2022, if requested before the close of escrow, the title company or escrow company directly involved in the pending transaction shall assist in the preparation of a Restrictive Covenant Modification pursuant to this section, but the title company or escrow company shall have no liability associated with the recordation of a Restrictive Covenant Modification that contains modifications not authorized by this section on behalf of the requester.(b)(1)Before recording the Restrictive Covenant Modification document, the county recorder shall submit the modification document and the original document to the county counsel who shall determine whether the language in the original document contains an unlawful restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, veteran or military status, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry. The county counsel shall return the documents and inform the county recorder of its determination within a period of time specified in paragraph (2). The county recorder shall refuse to record the modification document if the county counsel or their designee finds that the original document does not contain an unlawful restriction as specified in this subdivision or the modification document contains modifications not authorized by this section.(2)For documents recorded pursuant to subdivision (a), the period of time shall be a reasonable period of time, not to exceed three months, from the date the request for recordation is made, unless extraordinary circumstances apply.(c)If a person requests to record a modification document, that person shall provide a return address in order for the county recorder to notify this person of the action taken by the county counsel on the respective property. The notice required pursuant to this subdivision may be made on a postcard mailed by first-class mail.(d)The modification document shall be indexed in the same manner as the original document being modified. It shall contain a recording reference to the original document in the form of a book and page or instrument number, and date of the recording.(e)Subject to covenants, conditions, and restrictions that were recorded after the recording of the original document that contains the unlawfully restrictive language and subject to covenants, conditions, and restrictions that will be recorded after the Restrictive Covenant Modification, the restrictions in the Restrictive Covenant Modification, once recorded, are the only restrictions having effect on the property. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.(f)A Restrictive Covenant Modification form shall be prepared and accepted for submission and recordation in all counties in substantially the following form:RESTRICTIVE COVENANT MODIFICATION:The following referenced document contains a restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955 of the Government Code, or ancestry, that violates state and federal fair housing laws and is void. Pursuant to Section 12956.2 of the Government Code, this document is being recorded solely for the purpose of redacting and eliminating that restrictive covenant as shown on page(s) ___ of the document recorded on ___________(date) in book _______ and page _____ or instrument number _________ of the official records of the County of __________________, State of California.Attached hereto is a true, correct and complete copy of the document referenced above, with the unlawful restrictive covenant redacted.This modification document shall be indexed in the same manner as the original document being modified, pursuant to subdivision (d) of Section 12956.2 of the Government Code.The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.(Signature of submitting party)_______ County Counsel, or their designee, pursuant to paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code, hereby states that it has determined that the original document referenced above contains an unlawful restriction and this modification may be recorded.Or________County Counsel, or their designee, pursuant to paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code, finds that the original document does not contain an unlawful restriction, or the modification document contains modifications not authorized, and this modification may not be recorded.County CounselBy:Date:(g)The county recorder shall make available to the public Restrictive Covenant Modification forms onsite in an appropriately designated area, or online on the county recorders internet website, either of which shall be deemed to satisfy the requirement of paragraphs (1) and (2) of subdivision (b) of Section 12956.1 to provide a Restrictive Covenant Modification form if the procedural information for appropriate processing is attached to the form. Those forms shall permit multiple submissions on behalf of different homes and for processing homes in batches with respect to a modification document that affects multiple homes or lots. The forms shall also permit the submission of a Restrictive Covenant Modification form for a homeowners association or a common interest development to modify covenants, conditions, and restrictions that will correct unlawfully restrictive covenants for multiple dwellings within a subdivision.(h)If a person causes to be recorded a modified document pursuant to this section that contains modifications not authorized by this section, the county recorder shall not incur liability for recording the document. The liability that may result from the unauthorized recordation is the sole responsibility of the person who caused the modified recordation as provided in subdivision (a).(i)(1)A Restrictive Covenant Modification that is approved by county counsel or their designee and recorded pursuant to this section removes the illegal covenant from all property affected by the original covenant regardless of who submits the modification.(2)This section does not affect the obligations of the governing board of a common interest development as defined in Section 4100 or 6534 of the Civil Code if the board of directors of that common interest development is subject to the requirements of subdivision (b) of Section 4225 or of subdivision (b) of Section 6606 of the Civil Code.(j)For purposes of this section, redaction and redacted mean the same as defined in Section 12956.1.SEC. 18.Section 12993 of the Government Code is amended to read:12993.(a)The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. This part does not repeal any of the provisions of civil rights law or of any other law of this state relating to discrimination because of race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, reproductive health decisionmaking, or sexual orientation, unless those provisions provide less protection to the enumerated classes of persons covered under this part.(b)The provisions in this part relating to discrimination in employment on account of sex or medical condition do not affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan, provided the terms or conditions are in accordance with customary and reasonable or actuarially sound underwriting practices.(c)While it is the intention of the Legislature to occupy the field of regulation of discrimination in employment and housing encompassed by the provisions of this part, exclusive of all other laws banning discrimination in employment and housing by any city, city and county, county, or other political subdivision of the state, this part does not limit or restrict the application of Section 51 of the Civil Code.The Legislature finds and declares all of the following:
(a)Caste refers to an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.(b)Caste discrimination is present across South Asia and the South Asian diaspora, as well as around the world. While caste systems are strongly associated with South Asia, similar systems exist in regions including, but not limited to, South America, Asia, and Africa. Caste discrimination is also found across communities of religious practice.(c)Caste discrimination at work and school continues to exist in California.(d)Caste discrimination manifests as workplace discrimination, housing discrimination, gender-based violence, and other physical and psychological forms of violence.(e)Caste discrimination occurs across industries, including technology, construction, restaurant, and domestic work. In these sectors, caste discrimination has included harassment, bias, wage theft, and even human trafficking.(f)Caste is today inextricably intertwined with existing legal protections in state and federal civil rights laws such that discrimination based on ones caste is effectively discrimination based on the intersection of other protected identities. However, because of the grave discrimination caste-oppressed Californians face, these existing protections must be made explicit.(g)The
The amendments in this act are declarative of and clarify existing law. This act shall not be construed to mean that caste discrimination is not already prohibited under existing law, including by protections for religion, ancestry, national origin, ethnicity, race, color, or any other protected characteristic under existing law.
(h)The State of California is committed to recognizing the dignity of all its residents, students, workers, and visitors. This recognition includes the right to reside, work, and travel without suffering prejudice or discrimination.SEC. 2.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, caste, 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, caste, 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)Religion includes all aspects of religious belief, observance, and practice.
(5)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)Sex, race, caste, 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)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(8)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
(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. 3.Section 200 of the Education Code is amended to read:200.It is the policy of the State of California to afford all persons in public schools, regardless of their disability, caste, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, equal rights, and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor.
SEC. 4.Section 210.2 of the Education Code is amended to read:210.2.Disability, caste, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code 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.
SEC. 5.Section 210.4 is added to the Education Code, to read:210.4.Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
SEC. 6.Section 11135 of the Government Code is amended to read:11135.(a)No person in the State of California shall, on the basis of sex, race, caste, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Notwithstanding Section 11000, this section applies to the California State University.
(b)With respect to discrimination on the basis of disability, programs and activities subject to subdivision (a) shall meet the protections and prohibitions contained in Section 202 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof, except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities subject to subdivision (a) shall be subject to the stronger protections and prohibitions.
(c)The protected bases referenced in this section have the same meanings as those terms are defined in Section 12926.
(d)The protected bases used in this section include a perception that a 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.
SEC. 7.Section 12920 of the Government Code is amended to read:12920.It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, caste, 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, reproductive health decisionmaking, or military and veteran status.
It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially and adversely affects the interests of employees, employers, and the public in general.
Further, the practice of discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations is declared to be against public policy.
It is the purpose of this part to provide effective remedies that will eliminate these discriminatory practices.
This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state.
SEC. 8.Section 12921 of the Government Code is amended to read:12921.(a)The opportunity to seek, obtain, and hold employment without discrimination because of race, caste, 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, reproductive health decisionmaking, or veteran or military status is hereby recognized as and declared to be a civil right.
(b)The opportunity to seek, obtain, and hold housing without discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code is hereby recognized as and declared to be a civil right.
SEC. 9.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, caste, 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, caste, 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.
(z)Caste means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
SEC. 10.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, duties, and powers:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.9, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(5)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Section 1197.5 of the Labor Code. The department shall, in coordination with the Division of Labor Standards Enforcement within the Department of Industrial Relations, adopt procedures to ensure that the departments coordinate activities to enforce Section 1197.5 of the Labor Code.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 of this code, or Title VII of the Civil Rights Act of 1964 (Public Law 88-352; 42 U.S.C. Sec. 2000 et seq.), as amended, the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. 12101, et seq.), as amended, or the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, caste, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint, an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On a challenge, pursuant to Section 1094.5 of the Code of Civil Procedure, to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
(o)By performing the functions and duties and exercising the powers set forth in this part, the department represents the interests of the state and effectuates the declared public policy of the state to protect and safeguard the rights and opportunities of all persons from unlawful discrimination and other violations of this part. This subdivision is declarative of existing law as stated in Department of Fair Employment and Housing v. Cathys Creations, Inc. (2020) 54 Cal.App.5th 404, 410.
SEC. 11.Section 12931 of the Government Code is amended to read:12931.The department may also provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, reproductive health decisionmaking, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. The services of the department may be made available in cases of these disputes, disagreements, or difficulties only when, in its judgment, peaceful relations among the persons of the community involved are threatened thereby. The departments services are to be made available only upon the request of an appropriate state or local public body, or upon the request of any person directly affected by the dispute, disagreement, or difficulty.
The assistance of the department pursuant to this section shall be limited to endeavors at investigation, conference, conciliation, and persuasion.
SEC. 12.Section 12940 of the Government Code is amended to read:12940.It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:
(a)For an employer, because of the race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.
(1)This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, if the employee, because of a physical or mental disability, is unable to perform the employees essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations.
(2)This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employees medical condition, is unable to perform the employees essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employees medical condition, is unable to perform the employees essential duties, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations.
(3)Nothing in this part relating to discrimination on account of marital status shall do either of the following:
(A)Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the council.
(B)Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents.
(4)Nothing in this part relating to discrimination on account of sex shall affect the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans.
(5)(A)This part does not prohibit an employer from refusing to employ an individual because of the individuals age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices.
(B)The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011.
(b)For a labor organization, because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of the person in the election of officers of the labor organization or in the selection of the labor organizations staff or to discriminate in any way against any of its members or against any employer or against any person employed by an employer.
(c)For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of the person discriminated against.
(d)For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any non-job-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, caste, 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, reproductive health decisionmaking, or veteran or military status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant, or from specifying age limitations, if the law compels or provides for that action.
(e)(1)Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability or physical disability or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.
(2)Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicants request for reasonable accommodation.
(3)Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry.
(f)(1)Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.
(2)Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that it can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite.
(g)For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code that prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities.
(h)For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.
(i)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so.
(j)(1)For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, caste, 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, reproductive health decisionmaking, or veteran or military status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employers control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.
(2)The provisions of this subdivision are declaratory of existing law, except for the new duties imposed on employers with regard to harassment.
(3)An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
(4)(A)For purposes of this subdivision only, employer means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of employer in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision.
(B)Notwithstanding subparagraph (A), for purposes of this subdivision, employer does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2.
(C)For purposes of this subdivision, harassment because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire.
(5)For purposes of this subdivision, a person providing services pursuant to a contract means a person who meets all of the following criteria:
(A)The person has the right to control the performance of the contract for services and discretion as to the manner of performance.
(B)The person is customarily engaged in an independently established business.
(C)The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employers work.
(k)For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.
(l)(1)For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the persons religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with the persons religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry.
(2)An accommodation of an individuals religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public.
(3)An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code.
(4)For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.
(m)(1)For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation.
(2)For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.
(n)For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.
(o)For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic.
(p)For an employer to require, as a condition of employment, continued employment, or a benefit of employment, the disclosure of information relating to an applicants or employees reproductive health decisionmaking.
(q)Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veterans preference as permitted by law.
SEC. 13.Section 12944 of the Government Code is amended to read:12944.(a)It shall be unlawful for a licensing board to require any examination or establish any other qualification for licensing that has an adverse impact on any class by virtue of its race, caste, religious creed, color, national origin or ancestry, sex, gender, gender identity, gender expression, age, medical condition, genetic information, physical disability, mental disability, reproductive health decisionmaking, or sexual orientation, unless the practice can be demonstrated to be job related.
Where the council, after hearing, determines that an examination is unlawful under this subdivision, the licensing board may continue to use and rely on the examination until such time as judicial review by the superior court of the determination is exhausted.
If an examination or other qualification for licensing is determined to be unlawful under this section, that determination shall not void, limit, repeal, or otherwise affect any right, privilege, status, or responsibility previously conferred upon any person by the examination or by a license issued in reliance on the examination or qualification.
(b)It shall be unlawful for a licensing board to fail or refuse to make reasonable accommodation to an individuals mental or physical disability or medical condition.
(c)It shall be unlawful for any licensing board, unless specifically acting in accordance with federal equal employment opportunity guidelines or regulations approved by the council, to print or circulate or cause to be printed or circulated any publication, or to make any non-job-related inquiry, either verbal or through use of an application form, which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, sex, gender, gender identity, gender expression, age, reproductive health decisionmaking, or sexual orientation or any intent to make any such limitation, specification, or discrimination. Nothing in this subdivision shall prohibit any licensing board from making, in connection with prospective licensure or certification, an inquiry as to, or a request for information regarding, the physical fitness of applicants if that inquiry or request for information is directly related and pertinent to the license or the licensed position the applicant is applying for. Nothing in this subdivision shall prohibit any licensing board, in connection with prospective examinations, licensure, or certification, from inviting individuals with physical or mental disabilities to request reasonable accommodations or from making inquiries related to reasonable accommodations.
(d)It is unlawful for a licensing board to discriminate against any person because the person has filed a complaint, testified, or assisted in any proceeding under this part.
(e)It is unlawful for any licensing board to fail to keep records of applications for licensing or certification for a period of two years following the date of receipt of the applications.
(f)As used in this section, licensing board means any state board, agency, or authority in the Business, Consumer Services, and Housing Agency that has the authority to grant licenses or certificates which are prerequisites to employment eligibility or professional status.
SEC. 14.Section 12955 of the Government Code is amended to read:12955.It shall be unlawful:
(a)For the owner of any housing accommodation to discriminate against or harass any person because of the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.
(b)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
(c)For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination.
(d)For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, caste, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.
(e)For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinance, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.
(f)For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owners dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.
(g)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.
(h)For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin.
(i)(1)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information.
(2)For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate against any person in making available those services, or in the performance of those services, because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(j)To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin.
(k)To otherwise make unavailable or deny a dwelling based on discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(l)To discriminate through public or private land use practices, decisions, and authorizations because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.
Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.
(m)As used in this section, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, 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.
(n)To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.
(o)In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.
(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant, or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a housing owner or landlord is not considered a representative of a tenant unless the source of income is a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
(2)For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.
SEC. 15.Section 12955.8 of the Government Code is amended to read:12955.8.For purposes of this article, in connection with unlawful practices:
(a)Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence.
(b)Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve.
(1)Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect.
(2)For purposes of this subdivision, the term business establishment shall have the same meaning as in Section 51 of the Civil Code.
SEC. 16.Section 12956.1 of the Government Code is amended to read:12956.1.(a)As used in this section:
(1)Association, governing documents, and declaration have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code.
(2)Redaction means the process of rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible.
(3)Redacted means the result of the rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible.
(b)(1)A county recorder, title company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following:
If this document contains any restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a Restrictive Covenant Modification form, together with a copy of the attached document with the unlawful provision redacted to the county recorders office. The Restrictive Covenant Modification form can be obtained from the county recorders office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
(2)The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder.
(3)A title company, escrow company, or association that delivers a copy of a declaration, governing document, or deed directly to a person who holds an ownership interest of record in property shall also provide a Restrictive Covenant Modification form with procedural information for appropriate processing along with the document.
(c)Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document.
SEC. 17.Section 12956.2 of the Government Code is amended to read:12956.2.(a)(1)A person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Section 12955 may record a document titled Restrictive Covenant Modification. A title company, escrow company, county recorder, real estate broker, real estate agent, or other person also may record the modification document provided for in this section. The county recorder may waive the fee prescribed for recording and indexing instruments pursuant to Section 27361 in the case of a Restrictive Covenant Modification document. The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive covenant language redacted.
(2)Beginning July 1, 2022, if a title company, escrow company, real estate broker, or real estate agent has actual knowledge that a declaration, governing document, or deed that is being directly delivered to a person who holds or is acquiring an ownership interest in property includes a possible unlawfully restrictive covenant, they shall notify the person who holds or is acquiring the ownership interest in the property of the existence of that covenant and their ability to have it removed through the restrictive covenant modification process. There shall be no presumption that a party providing a document has read the document or has actual knowledge of its content.
(3)Beginning July 1, 2022, if requested before the close of escrow, the title company or escrow company directly involved in the pending transaction shall assist in the preparation of a Restrictive Covenant Modification pursuant to this section, but the title company or escrow company shall have no liability associated with the recordation of a Restrictive Covenant Modification that contains modifications not authorized by this section on behalf of the requester.
(b)(1)Before recording the Restrictive Covenant Modification document, the county recorder shall submit the modification document and the original document to the county counsel who shall determine whether the language in the original document contains an unlawful restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, veteran or military status, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry. The county counsel shall return the documents and inform the county recorder of its determination within a period of time specified in paragraph (2). The county recorder shall refuse to record the modification document if the county counsel or their designee finds that the original document does not contain an unlawful restriction as specified in this subdivision or the modification document contains modifications not authorized by this section.
(2)For documents recorded pursuant to subdivision (a), the period of time shall be a reasonable period of time, not to exceed three months, from the date the request for recordation is made, unless extraordinary circumstances apply.
(c)If a person requests to record a modification document, that person shall provide a return address in order for the county recorder to notify this person of the action taken by the county counsel on the respective property. The notice required pursuant to this subdivision may be made on a postcard mailed by first-class mail.
(d)The modification document shall be indexed in the same manner as the original document being modified. It shall contain a recording reference to the original document in the form of a book and page or instrument number, and date of the recording.
(e)Subject to covenants, conditions, and restrictions that were recorded after the recording of the original document that contains the unlawfully restrictive language and subject to covenants, conditions, and restrictions that will be recorded after the Restrictive Covenant Modification, the restrictions in the Restrictive Covenant Modification, once recorded, are the only restrictions having effect on the property. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(f)A Restrictive Covenant Modification form shall be prepared and accepted for submission and recordation in all counties in substantially the following form:
RESTRICTIVE COVENANT MODIFICATION:
The following referenced document contains a restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955 of the Government Code, or ancestry, that violates state and federal fair housing laws and is void. Pursuant to Section 12956.2 of the Government Code, this document is being recorded solely for the purpose of redacting and eliminating that restrictive covenant as shown on page(s) ___ of the document recorded on ___________(date) in book _______ and page _____ or instrument number _________ of the official records of the County of __________________, State of California.
Attached hereto is a true, correct and complete copy of the document referenced above, with the unlawful restrictive covenant redacted.
This modification document shall be indexed in the same manner as the original document being modified, pursuant to subdivision (d) of Section 12956.2 of the Government Code.
The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(Signature of submitting party)
_______ County Counsel, or their designee, pursuant to paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code, hereby states that it has determined that the original document referenced above contains an unlawful restriction and this modification may be recorded.
Or
________County Counsel, or their designee, pursuant to paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code, finds that the original document does not contain an unlawful restriction, or the modification document contains modifications not authorized, and this modification may not be recorded.
County Counsel
By:
Date:
(g)The county recorder shall make available to the public Restrictive Covenant Modification forms onsite in an appropriately designated area, or online on the county recorders internet website, either of which shall be deemed to satisfy the requirement of paragraphs (1) and (2) of subdivision (b) of Section 12956.1 to provide a Restrictive Covenant Modification form if the procedural information for appropriate processing is attached to the form. Those forms shall permit multiple submissions on behalf of different homes and for processing homes in batches with respect to a modification document that affects multiple homes or lots. The forms shall also permit the submission of a Restrictive Covenant Modification form for a homeowners association or a common interest development to modify covenants, conditions, and restrictions that will correct unlawfully restrictive covenants for multiple dwellings within a subdivision.
(h)If a person causes to be recorded a modified document pursuant to this section that contains modifications not authorized by this section, the county recorder shall not incur liability for recording the document. The liability that may result from the unauthorized recordation is the sole responsibility of the person who caused the modified recordation as provided in subdivision (a).
(i)(1)A Restrictive Covenant Modification that is approved by county counsel or their designee and recorded pursuant to this section removes the illegal covenant from all property affected by the original covenant regardless of who submits the modification.
(2)This section does not affect the obligations of the governing board of a common interest development as defined in Section 4100 or 6534 of the Civil Code if the board of directors of that common interest development is subject to the requirements of subdivision (b) of Section 4225 or of subdivision (b) of Section 6606 of the Civil Code.
(j)For purposes of this section, redaction and redacted mean the same as defined in Section 12956.1.
SEC. 18.Section 12993 of the Government Code is amended to read:12993.(a)The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. This part does not repeal any of the provisions of civil rights law or of any other law of this state relating to discrimination because of race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, reproductive health decisionmaking, or sexual orientation, unless those provisions provide less protection to the enumerated classes of persons covered under this part.
(b)The provisions in this part relating to discrimination in employment on account of sex or medical condition do not affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan, provided the terms or conditions are in accordance with customary and reasonable or actuarially sound underwriting practices.
(c)While it is the intention of the Legislature to occupy the field of regulation of discrimination in employment and housing encompassed by the provisions of this part, exclusive of all other laws banning discrimination in employment and housing by any city, city and county, county, or other political subdivision of the state, this part does not limit or restrict the application of Section 51 of the Civil Code.
The Legislature finds and declares all of the following:
(a)Caste is a system of social stratification where each position is characterized by hereditary status, endogamy, and social exclusion. Caste refers to an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
(b)Caste discrimination is present across South Asia and the South Asian diaspora and is found in all diaspora, as well as around the world. While caste systems are strongly associated with South Asia, similar systems exist in regions including, but not limited to, South America, Asia, and Africa. Caste discrimination is also found across communities of religious practice.
(c)California caste-oppressed individuals who originate from South Asia, including India, Nepal, Sri Lanka, Bangladesh, and Pakistan, are known by the self-chosen identity of Dalits, which means those who have been broken but are resilient. Others who are caste-oppressed indigenous people are named Adivasis or their tribal names.(d)Caste systems similarly known to discriminate based on descent are found around the world. While caste is strongly associated with South Asia, similar systems exist in South America, Japan, parts of Africa, and elsewhere. (e)(c)Caste discrimination at work, school, and places of worship work and school continues to exist in California.
(f)(d)Caste discrimination manifests as workplace discrimination, housing discrimination, gender-based violence, and other physical and psychological forms of violence.
(g)(e)Caste discrimination occurs across industries, including technology, construction, restaurants, restaurant, and domestic work. In these sectors, caste discrimination has included harassment, bias, wage theft, and even human trafficking.
(h)(f)Caste is today inextricably intertwined with existing legal protections in state and federal civil rights laws such that discrimination based on ones caste is effectively discrimination based on the intersection of other protected identities. However, because of the grave discrimination caste-oppressed Californians face, these existing protections must be made explicit.
(i)(g)The amendments in this act do not constitute a change in, but are declaratory of, existing law. It is not the intent of the Legislature in amending the sections in this act to affect the protected status of any other classification, whether or not expressed in Section 51 of the Civil Code, Section 200 of the Education Code, or Section 11135 or 12920 of the Government Code. are declarative of and clarify existing law. This act shall not be construed to mean that caste discrimination is not already prohibited under existing law, including by protections for religion, ancestry, national origin, ethnicity, race, color, or any other protected characteristic under existing law.
(j)(h)The State of California is committed to recognizing the dignity of all its residents, students, workers, and visitors. This recognition includes the right to reside, work, and travel without suffering prejudice or discrimination.
SEC. 2.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, caste, 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, caste, 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)Religion includes all aspects of religious belief, observance, and practice.
(5)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)Sex, race, caste, 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)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(8)Caste is a system of social stratification where each position is characterized by hereditary status, endogamy, social barriers, and social exclusion. means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
(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. 3.Section 200 of the Education Code is amended to read:200.It is the policy of the State of California to afford all persons in public schools, regardless of their disability, caste, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, equal rights, and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor.
SEC. 4.Section 210.2 of the Education Code is amended to read:210.2.Disability, caste, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code 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.
SEC. 5.Section 210.4 is added to the Education Code, to read:210.4.Caste is a system of social stratification where each position is characterized by hereditary status, endogamy, social barriers, and social exclusion. means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
SEC. 6.Section 11135 of the Government Code is amended to read:11135.(a)No person in the State of California shall, on the basis of sex, race, caste, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Notwithstanding Section 11000, this section applies to the California State University.
(b)With respect to discrimination on the basis of disability, programs and activities subject to subdivision (a) shall meet the protections and prohibitions contained in Section 202 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof, except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities subject to subdivision (a) shall be subject to the stronger protections and prohibitions.
(c)The protected bases referenced in this section have the same meanings as those terms are defined in Section 12926.
(d)The protected bases used in this section include a perception that a 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.
SEC. 7.Section 12920 of the Government Code is amended to read:12920.It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, caste, 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, reproductive health decisionmaking, or military and veteran status.
It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially and adversely affects the interests of employees, employers, and the public in general.
Further, the practice of discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations is declared to be against public policy.
It is the purpose of this part to provide effective remedies that will eliminate these discriminatory practices.
This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state.
SEC. 8.Section 12921 of the Government Code is amended to read:12921.(a)The opportunity to seek, obtain, and hold employment without discrimination because of race, caste, 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, reproductive health decisionmaking, or veteran or military status is hereby recognized as and declared to be a civil right.
(b)The opportunity to seek, obtain, and hold housing without discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code is hereby recognized as and declared to be a civil right.
SEC. 9.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, caste, 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, caste, 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.
(z)Caste is a system of social stratification where each position is characterized by hereditary status, endogamy, social barriers, and social exclusion. means an individuals perceived position in a system of social stratification on the basis of inherited status. A system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
SEC. 10.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, duties, and powers:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.9, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(5)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Section 1197.5 of the Labor Code. The department shall, in coordination with the Division of Labor Standards Enforcement within the Department of Industrial Relations, adopt procedures to ensure that the departments coordinate activities to enforce Section 1197.5 of the Labor Code.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 of this code, or Title VII of the Civil Rights Act of 1964 (Public Law 88-352; 42 U.S.C. Sec. 2000 et seq.), as amended, the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. 12101, et seq.), as amended, or the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, caste, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint, an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On a challenge, pursuant to Section 1094.5 of the Code of Civil Procedure, to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
(o)By performing the functions and duties and exercising the powers set forth in this part, the department represents the interests of the state and effectuates the declared public policy of the state to protect and safeguard the rights and opportunities of all persons from unlawful discrimination and other violations of this part. This subdivision is declarative of existing law as stated in Department of Fair Employment and Housing v. Cathys Creations, Inc. (2020) 54 Cal.App.5th 404, 410.
SEC. 11.Section 12931 of the Government Code is amended to read:12931.The department may also provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, reproductive health decisionmaking, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. The services of the department may be made available in cases of these disputes, disagreements, or difficulties only when, in its judgment, peaceful relations among the persons of the community involved are threatened thereby. The departments services are to be made available only upon the request of an appropriate state or local public body, or upon the request of any person directly affected by the dispute, disagreement, or difficulty.
The assistance of the department pursuant to this section shall be limited to endeavors at investigation, conference, conciliation, and persuasion.
SEC. 12.Section 12940 of the Government Code is amended to read:12940.It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:
(a)For an employer, because of the race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.
(1)This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, if the employee, because of a physical or mental disability, is unable to perform the employees essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations.
(2)This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employees medical condition, is unable to perform the employees essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employees medical condition, is unable to perform the employees essential duties, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations.
(3)Nothing in this part relating to discrimination on account of marital status shall do either of the following:
(A)Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the council.
(B)Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents.
(4)Nothing in this part relating to discrimination on account of sex shall affect the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans.
(5)(A)This part does not prohibit an employer from refusing to employ an individual because of the individuals age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices.
(B)The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011.
(b)For a labor organization, because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of the person in the election of officers of the labor organization or in the selection of the labor organizations staff or to discriminate in any way against any of its members or against any employer or against any person employed by an employer.
(c)For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of the person discriminated against.
(d)For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any nonjob-related non-job-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, caste, 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, reproductive health decisionmaking, or veteran or military status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant, or from specifying age limitations, if the law compels or provides for that action.
(e)(1)Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability or physical disability or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.
(2)Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicants request for reasonable accommodation.
(3)Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry.
(f)(1)Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.
(2)Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that it can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite.
(g)For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code that prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities.
(h)For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.
(i)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so.
(j)(1)For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, caste, 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, reproductive health decisionmaking, or veteran or military status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employers control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.
(2)The provisions of this subdivision are declaratory of existing law, except for the new duties imposed on employers with regard to harassment.
(3)An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
(4)(A)For purposes of this subdivision only, employer means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of employer in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision.
(B)Notwithstanding subparagraph (A), for purposes of this subdivision, employer does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2.
(C)For purposes of this subdivision, harassment because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire.
(5)For purposes of this subdivision, a person providing services pursuant to a contract means a person who meets all of the following criteria:
(A)The person has the right to control the performance of the contract for services and discretion as to the manner of performance.
(B)The person is customarily engaged in an independently established business.
(C)The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employers work.
(k)For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.
(l)(1)For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the persons religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with the persons religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry.
(2)An accommodation of an individuals religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public.
(3)An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code.
(4)For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.
(m)(1)For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation.
(2)For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.
(n)For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.
(o)For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic.
(p)For an employer to require, as a condition of employment, continued employment, or a benefit of employment, the disclosure of information relating to an applicants or employees reproductive health decisionmaking.
(q)Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veterans preference as permitted by law.
SEC. 13.Section 12944 of the Government Code is amended to read:12944.(a)It shall be unlawful for a licensing board to require any examination or establish any other qualification for licensing that has an adverse impact on any class by virtue of its race, caste, creed, religious creed, color, national origin or ancestry, sex, gender, gender identity, gender expression, age, medical condition, genetic information, physical disability, mental disability, reproductive health decisionmaking, or sexual orientation, unless the practice can be demonstrated to be job related.
Where the council, after hearing, determines that an examination is unlawful under this subdivision, the licensing board may continue to use and rely on the examination until such time as judicial review by the superior court of the determination is exhausted.
If an examination or other qualification for licensing is determined to be unlawful under this section, that determination shall not void, limit, repeal, or otherwise affect any right, privilege, status, or responsibility previously conferred upon any person by the examination or by a license issued in reliance on the examination or qualification.
(b)It shall be unlawful for a licensing board to fail or refuse to make reasonable accommodation to an individuals mental or physical disability or medical condition.
(c)It shall be unlawful for any licensing board, unless specifically acting in accordance with federal equal employment opportunity guidelines or regulations approved by the council, to print or circulate or cause to be printed or circulated any publication, or to make any non-job-related inquiry, either verbal or through use of an application form, which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, sex, gender, gender identity, gender expression, age, reproductive health decisionmaking, or sexual orientation or any intent to make any such limitation, specification, or discrimination. Nothing in this subdivision shall prohibit any licensing board from making, in connection with prospective licensure or certification, an inquiry as to, or a request for information regarding, the physical fitness of applicants if that inquiry or request for information is directly related and pertinent to the license or the licensed position the applicant is applying for. Nothing in this subdivision shall prohibit any licensing board, in connection with prospective examinations, licensure, or certification, from inviting individuals with physical or mental disabilities to request reasonable accommodations or from making inquiries related to reasonable accommodations.
(d)It is unlawful for a licensing board to discriminate against any person because the person has filed a complaint, testified, or assisted in any proceeding under this part.
(e)It is unlawful for any licensing board to fail to keep records of applications for licensing or certification for a period of two years following the date of receipt of the applications.
(f)As used in this section, licensing board means any state board, agency, or authority in the Business, Consumer Services, and Housing Agency that has the authority to grant licenses or certificates which are prerequisites to employment eligibility or professional status.
SEC. 14.Section 12955 of the Government Code is amended to read:12955.It shall be unlawful:
(a)For the owner of any housing accommodation to discriminate against or harass any person because of the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.
(b)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
(c)For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination.
(d)For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, caste, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.
(e)For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinance, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.
(f)For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owners dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.
(g)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.
(h)For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin.
(i)(1)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information.
(2)For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate against any person in making available those services, or in the performance of those services, because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(j)To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin.
(k)To otherwise make unavailable or deny a dwelling based on discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(l)To discriminate through public or private land use practices, decisions, and authorizations because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.
Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.
(m)As used in this section, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, 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.
(n)To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.
(o)In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.
(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant, or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a housing owner or landlord is not considered a representative of a tenant unless the source of income is a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
(2)For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.
SEC. 15.Section 12955.8 of the Government Code is amended to read:12955.8.For purposes of this article, in connection with unlawful practices:
(a)Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence.
(b)Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve.
(1)Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect.
(2)For purposes of this subdivision, the term business establishment shall have the same meaning as in Section 51 of the Civil Code.
SEC. 16.Section 12956.1 of the Government Code is amended to read:12956.1.(a)As used in this section:
(1)Association, governing documents, and declaration have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code.
(2)Redaction means the process of rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible.
(3)Redacted means the result of the rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible.
(b)(1)A county recorder, title company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following:
If this document contains any restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a Restrictive Covenant Modification form, together with a copy of the attached document with the unlawful provision redacted to the county recorders office. The Restrictive Covenant Modification form can be obtained from the county recorders office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
(2)The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder.
(3)A title company, escrow company, or association that delivers a copy of a declaration, governing document, or deed directly to a person who holds an ownership interest of record in property shall also provide a Restrictive Covenant Modification form with procedural information for appropriate processing along with the document.
(c)Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document.
SEC. 17.Section 12956.2 of the Government Code is amended to read:12956.2.(a)(1)A person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Section 12955 may record a document titled Restrictive Covenant Modification. A title company, escrow company, county recorder, real estate broker, real estate agent, or other person also may record the modification document provided for in this section. The county recorder may waive the fee prescribed for recording and indexing instruments pursuant to Section 27361 in the case of a restrictive covenant modification Restrictive Covenant Modification document. The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive covenant language redacted.
(2)Beginning July 1, 2022, if a title company, escrow company, real estate broker, or real estate agent has actual knowledge that a declaration, governing document, or deed that is being directly delivered to a person who holds or is acquiring an ownership interest in property includes a possible unlawfully restrictive covenant, they shall notify the person who holds or is acquiring the ownership interest in the property of the existence of that covenant and their ability to have it removed through the restrictive covenant modification process. There shall be no presumption that a party providing a document has read the document or has actual knowledge of its content.
(3)Beginning July 1, 2022, if requested before the close of escrow, the title company or escrow company directly involved in the pending transaction shall assist in the preparation of a Restrictive Covenant Modification pursuant to this section, but the title company or escrow company shall have no liability associated with the recordation of a Restrictive Covenant Modification that contains modifications not authorized by this section on behalf of the requester.
(b)(1)Before recording the Restrictive Covenant Modification document, the county recorder shall submit the modification document and the original document to the county counsel who shall determine whether the language in the original document contains an unlawful restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, veteran or military status, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry. The county counsel shall return the documents and inform the county recorder of its determination within a period of time specified in paragraph (2). The county recorder shall refuse to record the modification document if the county counsel or their designee finds that the original document does not contain an unlawful restriction as specified in this subdivision or the modification document contains modifications not authorized by this section.
(2)For documents recorded pursuant to subdivision (a), the period of time shall be a reasonable period of time, not to exceed three months, from the date the request for recordation is made, unless extraordinary circumstances apply.
(c)If a person requests to record a modification document, that person shall provide a return address in order for the county recorder to notify this person of the action taken by the county counsel on the respective property. The notice required pursuant to this subdivision may be made on a postcard mailed by first-class mail.
(d)The modification document shall be indexed in the same manner as the original document being modified. It shall contain a recording reference to the original document in the form of a book and page or instrument number, and date of the recording.
(e)Subject to covenants, conditions, and restrictions that were recorded after the recording of the original document that contains the unlawfully restrictive language and subject to covenants, conditions, and restrictions that will be recorded after the Restrictive Covenant Modification, the restrictions in the Restrictive Covenant Modification, once recorded, are the only restrictions having effect on the property. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(f)A Restrictive Covenant Modification form shall be prepared and accepted for submission and recordation in all counties in substantially the following form:
RESTRICTIVE COVENANT MODIFICATION:
The following referenced document contains a restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955 of the Government Code, or ancestry, that violates state and federal fair housing laws and is void. Pursuant to Section 12956.2 of the Government Code, this document is being recorded solely for the purpose of redacting and eliminating that restrictive covenant as shown on page(s) ___ of the document recorded on ___________(date) in book _______ and page _____ or instrument number _________ of the official records of the County of __________________, State of California.
Attached hereto is a true, correct and complete copy of the document referenced above, with the unlawful restrictive covenant redacted.
This modification document shall be indexed in the same manner as the original document being modified, pursuant to subdivision (d) of Section 12956.2 of the Government Code.
The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(Signature of submitting party)
_______ County Counsel, or their designee, pursuant to paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code, hereby states that it has determined that the original document referenced above contains an unlawful restriction and this modification may be recorded.
Or
________County Counsel, or their designee, pursuant to paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code, finds that the original document does not contain an unlawful restriction, or the modification document contains modifications not authorized, and this modification may not be recorded.
County Counsel
By:
Date:
(g)The county recorder shall make available to the public Restrictive Covenant Modification forms onsite in an appropriately designated area, or online on the county recorders internet website, either of which shall be deemed to satisfy the requirement of paragraphs (1) and (2) of subdivision (b) of Section 12956.1 to provide a Restrictive Covenant Modification form if the procedural information for appropriate processing is attached to the form. Those forms shall permit multiple submissions on behalf of different homes and for processing homes in batches with respect to a modification document that affects multiple homes or lots. The forms shall also permit the submission of a restrictive covenant modification Restrictive Covenant Modification form for a homeowners association or a common interest development to modify covenants, conditions, and restrictions that will correct unlawfully restrictive covenants for multiple dwellings within a subdivision.
(h)If a person causes to be recorded a modified document pursuant to this section that contains modifications not authorized by this section, the county recorder shall not incur liability for recording the document. The liability that may result from the unauthorized recordation is the sole responsibility of the person who caused the modified recordation as provided in subdivision (a).
(i)(1)A restrictive covenant modification Restrictive Covenant Modification that is approved by county counsel or their designee and recorded pursuant to this section removes the illegal covenant from all property affected by the original covenant regardless of who submits the modification.
(2)This section does not affect the obligations of the governing board of a common interest development as defined in Section 4100 or 6534 of the Civil Code if the board of directors of that common interest development is subject to the requirements of subdivision (b) of Section 4225 or of subdivision (b) of Section 6606 of the Civil Code.
(j)For purposes of this section, redaction and redacted mean the same as defined in Section 12956.1.
SEC. 18.Section 12993 of the Government Code is amended to read:12993.(a)The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. This part does not repeal any of the provisions of civil rights law or of any other law of this state relating to discrimination because of race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, reproductive health decisionmaking, or sexual orientation, unless those provisions provide less protection to the enumerated classes of persons covered under this part.
(b)The provisions in this part relating to discrimination in employment on account of sex or medical condition do not affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan, provided the terms or conditions are in accordance with customary and reasonable or actuarially sound underwriting practices.
(c)While it is the intention of the Legislature to occupy the field of regulation of discrimination in employment and housing encompassed by the provisions of this part, exclusive of all other laws banning discrimination in employment and housing by any city, city and county, county, or other political subdivision of the state, this part does not limit or restrict the application of Section 51 of the Civil Code.
The Legislature finds and declares all of the following:
(a)Caste is a system of social stratification where each position is characterized by hereditary status, endogamy, and social exclusion.
(b)Caste discrimination is present across South Asia and the South Asian diaspora and is found in all communities of religious practice.
(c)California caste-oppressed individuals who originate from South Asia, including India, Nepal, Sri Lanka, Bangladesh, and Pakistan, are known by the self-chosen identity of Dalits, which means those who have been broken but are resilient. Others who are caste-oppressed indigenous people are named Adivasis or their tribal names.
(d)Caste systems similarly known to discriminate based on descent are found around the world. While caste is strongly associated with South Asia, similar systems exist in South America, Japan, parts of Africa, and elsewhere.
(e)Caste discrimination at work, school, and places of worship continues to exist in California.
(f)Caste discrimination manifests as workplace discrimination, housing discrimination, gender-based violence, and other physical and psychological forms of violence.
(g)Caste discrimination occurs across industries, including technology, construction, restaurants, and domestic work. In these sectors, caste discrimination has included harassment, bias, wage theft, and even human trafficking.
(h)Caste is today inextricably intertwined with existing legal protections in state and federal civil rights laws such that discrimination based on ones caste is effectively discrimination based on the intersection of other protected identities. However, because of the grave discrimination caste-oppressed Californians face, these existing protections must be made explicit.
(i)The amendments in this act do not constitute a change in, but are declaratory of, existing law. It is not the intent of the Legislature in amending the sections in this act to affect the protected status of any other classification, whether or not expressed in Section 51 of the Civil Code, Section 200 of the Education Code, or Section 11135 or 12920 of the Government Code.
(j)The State of California is committed to recognizing the dignity of all its residents, students, workers, and visitors. This recognition includes the right to reside, work, and travel without suffering prejudice or discrimination.
SEC. 2.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, caste, 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, caste, 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)Religion includes all aspects of religious belief, observance, and practice.
(5)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)Sex, race, caste, 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)Sexual orientation has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.
(8)Caste is a system of social stratification where each position is characterized by hereditary status, endogamy, social barriers, and social exclusion.
(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. 3.Section 200 of the Education Code is amended to read:200.It is the policy of the State of California to afford all persons in public schools, regardless of their disability, caste, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, equal rights, and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor.
SEC. 4.Section 210.2 of the Education Code is amended to read:210.2.Disability, caste, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code 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.
SEC. 5.Section 210.4 is added to the Education Code, to read:210.4.Caste is a system of social stratification where each position is characterized by hereditary status, endogamy, social barriers, and social exclusion.
SEC. 6.Section 11135 of the Government Code is amended to read:11135.(a)No person in the State of California shall, on the basis of sex, race, caste, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Notwithstanding Section 11000, this section applies to the California State University.
(b)With respect to discrimination on the basis of disability, programs and activities subject to subdivision (a) shall meet the protections and prohibitions contained in Section 202 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof, except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities subject to subdivision (a) shall be subject to the stronger protections and prohibitions.
(c)The protected bases referenced in this section have the same meanings as those terms are defined in Section 12926.
(d)The protected bases used in this section include a perception that a 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.
SEC. 7.Section 12920 of the Government Code is amended to read:12920.It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, caste, 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, reproductive health decisionmaking, or military and veteran status.
It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment for these reasons foments domestic strife and unrest, deprives the state of the fullest utilization of its capacities for development and advancement, and substantially and adversely affects the interests of employees, employers, and the public in general.
Further, the practice of discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in housing accommodations is declared to be against public policy.
It is the purpose of this part to provide effective remedies that will eliminate these discriminatory practices.
This part shall be deemed an exercise of the police power of the state for the protection of the welfare, health, and peace of the people of this state.
SEC. 8.Section 12921 of the Government Code is amended to read:12921.(a)The opportunity to seek, obtain, and hold employment without discrimination because of race, caste, 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, reproductive health decisionmaking, or veteran or military status is hereby recognized as and declared to be a civil right.
(b)The opportunity to seek, obtain, and hold housing without discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code is hereby recognized as and declared to be a civil right.
SEC. 9.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, caste, 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, caste, 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.
(z)Caste is a system of social stratification where each position is characterized by hereditary status, endogamy, social barriers, and social exclusion.
SEC. 10.Section 12930 of the Government Code is amended to read:12930.The department shall have the following functions, duties, and powers:
(a)To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b)To meet and function at any place within the state.
(c)To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d)To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e)To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f)(1)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2)To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.9, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3)To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorneys fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(5)To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Section 1197.5 of the Labor Code. The department shall, in coordination with the Division of Labor Standards Enforcement within the Department of Industrial Relations, adopt procedures to ensure that the departments coordinate activities to enforce Section 1197.5 of the Labor Code.
(A)Nothing in this part prevents the director or the directors authorized representative, in that persons discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B)Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g)In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1)To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2)To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3)To issue written interrogatories.
(4)To request the production for inspection and copying of books, records, documents, and physical materials.
(5)To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h)To bring civil actions pursuant to Section 12965 or 12981 of this code, or Title VII of the Civil Rights Act of 1964 (Public Law 88-352; 42 U.S.C. Sec. 2000 et seq.), as amended, the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. 12101, et seq.), as amended, or the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), and to prosecute those civil actions before state and federal trial courts.
(i)To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, caste, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.
(j)To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k)To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l)To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m)The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1)If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2)If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint, an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3)Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n)On a challenge, pursuant to Section 1094.5 of the Code of Civil Procedure, to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the directors designee shall consult with the Attorney General regarding the defense of that writ petition.
(o)By performing the functions and duties and exercising the powers set forth in this part, the department represents the interests of the state and effectuates the declared public policy of the state to protect and safeguard the rights and opportunities of all persons from unlawful discrimination and other violations of this part. This subdivision is declarative of existing law as stated in Department of Fair Employment and Housing v. Cathys Creations, Inc. (2020) 54 Cal.App.5th 404, 410.
SEC. 11.Section 12931 of the Government Code is amended to read:12931.The department may also provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, reproductive health decisionmaking, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. The services of the department may be made available in cases of these disputes, disagreements, or difficulties only when, in its judgment, peaceful relations among the persons of the community involved are threatened thereby. The departments services are to be made available only upon the request of an appropriate state or local public body, or upon the request of any person directly affected by the dispute, disagreement, or difficulty.
The assistance of the department pursuant to this section shall be limited to endeavors at investigation, conference, conciliation, and persuasion.
SEC. 12.Section 12940 of the Government Code is amended to read:12940.It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:
(a)For an employer, because of the race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.
(1)This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, if the employee, because of a physical or mental disability, is unable to perform the employees essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations.
(2)This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employees medical condition, is unable to perform the employees essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employees medical condition, is unable to perform the employees essential duties, or cannot perform those duties in a manner that would not endanger the employees health or safety or the health or safety of others even with reasonable accommodations.
(3)Nothing in this part relating to discrimination on account of marital status shall do either of the following:
(A)Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the council.
(B)Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents.
(4)Nothing in this part relating to discrimination on account of sex shall affect the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans.
(5)(A)This part does not prohibit an employer from refusing to employ an individual because of the individuals age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices.
(B)The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011.
(b)For a labor organization, because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of the person in the election of officers of the labor organization or in the selection of the labor organizations staff or to discriminate in any way against any of its members or against any employer or against any person employed by an employer.
(c)For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, caste, 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, reproductive health decisionmaking, or veteran or military status of the person discriminated against.
(d)For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any nonjob-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, caste, 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, reproductive health decisionmaking, or veteran or military status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant, or from specifying age limitations, if the law compels or provides for that action.
(e)(1)Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability or physical disability or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.
(2)Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicants request for reasonable accommodation.
(3)Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry.
(f)(1)Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition.
(2)Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that it can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite.
(g)For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code that prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities.
(h)For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.
(i)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so.
(j)(1)For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, caste, 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, reproductive health decisionmaking, or veteran or military status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employers control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.
(2)The provisions of this subdivision are declaratory of existing law, except for the new duties imposed on employers with regard to harassment.
(3)An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
(4)(A)For purposes of this subdivision only, employer means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of employer in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision.
(B)Notwithstanding subparagraph (A), for purposes of this subdivision, employer does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2.
(C)For purposes of this subdivision, harassment because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire.
(5)For purposes of this subdivision, a person providing services pursuant to a contract means a person who meets all of the following criteria:
(A)The person has the right to control the performance of the contract for services and discretion as to the manner of performance.
(B)The person is customarily engaged in an independently established business.
(C)The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employers work.
(k)For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.
(l)(1)For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the persons religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with the persons religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry.
(2)An accommodation of an individuals religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public.
(3)An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code.
(4)For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.
(m)(1)For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation.
(2)For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted.
(n)For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.
(o)For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic.
(p)For an employer to require, as a condition of employment, continued employment, or a benefit of employment, the disclosure of information relating to an applicants or employees reproductive health decisionmaking.
(q)Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veterans preference as permitted by law.
SEC. 13.Section 12944 of the Government Code is amended to read:12944.(a)It shall be unlawful for a licensing board to require any examination or establish any other qualification for licensing that has an adverse impact on any class by virtue of its race, caste, creed, color, national origin or ancestry, sex, gender, gender identity, gender expression, age, medical condition, genetic information, physical disability, mental disability, reproductive health decisionmaking, or sexual orientation, unless the practice can be demonstrated to be job related.
Where the council, after hearing, determines that an examination is unlawful under this subdivision, the licensing board may continue to use and rely on the examination until such time as judicial review by the superior court of the determination is exhausted.
If an examination or other qualification for licensing is determined to be unlawful under this section, that determination shall not void, limit, repeal, or otherwise affect any right, privilege, status, or responsibility previously conferred upon any person by the examination or by a license issued in reliance on the examination or qualification.
(b)It shall be unlawful for a licensing board to fail or refuse to make reasonable accommodation to an individuals mental or physical disability or medical condition.
(c)It shall be unlawful for any licensing board, unless specifically acting in accordance with federal equal employment opportunity guidelines or regulations approved by the council, to print or circulate or cause to be printed or circulated any publication, or to make any non-job-related inquiry, either verbal or through use of an application form, which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, sex, gender, gender identity, gender expression, age, reproductive health decisionmaking, or sexual orientation or any intent to make any such limitation, specification, or discrimination. Nothing in this subdivision shall prohibit any licensing board from making, in connection with prospective licensure or certification, an inquiry as to, or a request for information regarding, the physical fitness of applicants if that inquiry or request for information is directly related and pertinent to the license or the licensed position the applicant is applying for. Nothing in this subdivision shall prohibit any licensing board, in connection with prospective examinations, licensure, or certification, from inviting individuals with physical or mental disabilities to request reasonable accommodations or from making inquiries related to reasonable accommodations.
(d)It is unlawful for a licensing board to discriminate against any person because the person has filed a complaint, testified, or assisted in any proceeding under this part.
(e)It is unlawful for any licensing board to fail to keep records of applications for licensing or certification for a period of two years following the date of receipt of the applications.
(f)As used in this section, licensing board means any state board, agency, or authority in the Business, Consumer Services, and Housing Agency that has the authority to grant licenses or certificates which are prerequisites to employment eligibility or professional status.
SEC. 14.Section 12955 of the Government Code is amended to read:12955.It shall be unlawful:
(a)For the owner of any housing accommodation to discriminate against or harass any person because of the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.
(b)For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
(c)For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination.
(d)For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, caste, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.
(e)For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinance, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.
(f)For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owners dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.
(g)For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.
(h)For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin.
(i)(1)For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information.
(2)For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate against any person in making available those services, or in the performance of those services, because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(j)To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin.
(k)To otherwise make unavailable or deny a dwelling based on discrimination because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(l)To discriminate through public or private land use practices, decisions, and authorizations because of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.
Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.
(m)As used in this section, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information, 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.
(n)To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.
(o)In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.
(p)(1)For the purposes of this section, source of income means lawful, verifiable income paid directly to a tenant, or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). Source of income includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a housing owner or landlord is not considered a representative of a tenant unless the source of income is a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
(2)For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.
SEC. 15.Section 12955.8 of the Government Code is amended to read:12955.8.For purposes of this article, in connection with unlawful practices:
(a)Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence.
(b)Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve.
(1)Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect.
(2)For purposes of this subdivision, the term business establishment shall have the same meaning as in Section 51 of the Civil Code.
SEC. 16.Section 12956.1 of the Government Code is amended to read:12956.1.(a)As used in this section:
(1)Association, governing documents, and declaration have the same meanings as set forth in Sections 4080, 4135, and 4150 or Sections 6528, 6546, and 6552 of the Civil Code.
(2)Redaction means the process of rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible.
(3)Redacted means the result of the rerecording of a document that originally contained unlawful restrictive language, and when presented to the county recorder for rerecording, no longer contains the unlawful language or the unlawful language is masked so that it is not readable or visible.
(b)(1)A county recorder, title company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, the following:
If this document contains any restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a Restrictive Covenant Modification form, together with a copy of the attached document with the unlawful provision redacted to the county recorders office. The Restrictive Covenant Modification form can be obtained from the county recorders office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
(2)The requirements of paragraph (1) shall not apply to documents being submitted for recordation to a county recorder.
(3)A title company, escrow company, or association that delivers a copy of a declaration, governing document, or deed directly to a person who holds an ownership interest of record in property shall also provide a Restrictive Covenant Modification form with procedural information for appropriate processing along with the document.
(c)Any person who records a document for the express purpose of adding a racially restrictive covenant is guilty of a misdemeanor. The county recorder shall not incur any liability for recording the document. Notwithstanding any other provision of law, a prosecution for a violation of this subdivision shall commence within three years after the discovery of the recording of the document.
SEC. 17.Section 12956.2 of the Government Code is amended to read:12956.2.(a)(1)A person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant in violation of subdivision (l) of Section 12955 may record a document titled Restrictive Covenant Modification. A title company, escrow company, county recorder, real estate broker, real estate agent, or other person also may record the modification document provided for in this section. The county recorder may waive the fee prescribed for recording and indexing instruments pursuant to Section 27361 in the case of a restrictive covenant modification document. The modification document shall include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive covenant language redacted.
(2)Beginning July 1, 2022, if a title company, escrow company, real estate broker, or real estate agent has actual knowledge that a declaration, governing document, or deed that is being directly delivered to a person who holds or is acquiring an ownership interest in property includes a possible unlawfully restrictive covenant, they shall notify the person who holds or is acquiring the ownership interest in the property of the existence of that covenant and their ability to have it removed through the restrictive covenant modification process. There shall be no presumption that a party providing a document has read the document or has actual knowledge of its content.
(3)Beginning July 1, 2022, if requested before the close of escrow, the title company or escrow company directly involved in the pending transaction shall assist in the preparation of a Restrictive Covenant Modification pursuant to this section, but the title company or escrow company shall have no liability associated with the recordation of a Restrictive Covenant Modification that contains modifications not authorized by this section on behalf of the requester.
(b)(1)Before recording the Restrictive Covenant Modification document, the county recorder shall submit the modification document and the original document to the county counsel who shall determine whether the language in the original document contains an unlawful restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, veteran or military status, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry. The county counsel shall return the documents and inform the county recorder of its determination within a period of time specified in paragraph (2). The county recorder shall refuse to record the modification document if the county counsel or their designee finds that the original document does not contain an unlawful restriction as specified in this subdivision or the modification document contains modifications not authorized by this section.
(2)For documents recorded pursuant to subdivision (a), the period of time shall be a reasonable period of time, not to exceed three months, from the date the request for recordation is made, unless extraordinary circumstances apply.
(c)If a person requests to record a modification document, that person shall provide a return address in order for the county recorder to notify this person of the action taken by the county counsel on the respective property. The notice required pursuant to this subdivision may be made on a postcard mailed by first-class mail.
(d)The modification document shall be indexed in the same manner as the original document being modified. It shall contain a recording reference to the original document in the form of a book and page or instrument number, and date of the recording.
(e)Subject to covenants, conditions, and restrictions that were recorded after the recording of the original document that contains the unlawfully restrictive language and subject to covenants, conditions, and restrictions that will be recorded after the Restrictive Covenant Modification, the restrictions in the Restrictive Covenant Modification, once recorded, are the only restrictions having effect on the property. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(f)A Restrictive Covenant Modification form shall be prepared and accepted for submission and recordation in all counties in substantially the following form:
RESTRICTIVE COVENANT MODIFICATION:
The following referenced document contains a restriction based on age, race, caste, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955 of the Government Code, or ancestry, that violates state and federal fair housing laws and is void. Pursuant to Section 12956.2 of the Government Code, this document is being recorded solely for the purpose of redacting and eliminating that restrictive covenant as shown on page(s) ___ of the document recorded on ___________(date) in book _______ and page _____ or instrument number _________ of the official records of the County of __________________, State of California.
Attached hereto is a true, correct and complete copy of the document referenced above, with the unlawful restrictive covenant redacted.
This modification document shall be indexed in the same manner as the original document being modified, pursuant to subdivision (d) of Section 12956.2 of the Government Code.
The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original document.
(Signature of submitting party)
_______ County Counsel, or their designee, pursuant to paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code, hereby states that it has determined that the original document referenced above contains an unlawful restriction and this modification may be recorded.
Or
________County Counsel, or their designee, pursuant to paragraph (1) of subdivision (b) of Section 12956.2 of the Government Code, finds that the original document does not contain an unlawful restriction, or the modification document contains modifications not authorized, and this modification may not be recorded.
County Counsel
By:
Date:
(g)The county recorder shall make available to the public Restrictive Covenant Modification forms onsite in an appropriately designated area, or online on the county recorders internet website, either of which shall be deemed to satisfy the requirement of paragraphs (1) and (2) of subdivision (b) of Section 12956.1 to provide a Restrictive Covenant Modification form if the procedural information for appropriate processing is attached to the form. Those forms shall permit multiple submissions on behalf of different homes and for processing homes in batches with respect to a modification document that affects multiple homes or lots. The forms shall also permit the submission of a restrictive covenant modification form for a homeowners association or a common interest development to modify covenants, conditions, and restrictions that will correct unlawfully restrictive covenants for multiple dwellings within a subdivision.
(h)If a person causes to be recorded a modified document pursuant to this section that contains modifications not authorized by this section, the county recorder shall not incur liability for recording the document. The liability that may result from the unauthorized recordation is the sole responsibility of the person who caused the modified recordation as provided in subdivision (a).
(i)(1)A restrictive covenant modification that is approved by county counsel or their designee and recorded pursuant to this section removes the illegal covenant from all property affected by the original covenant regardless of who submits the modification.
(2)This section does not affect the obligations of the governing board of a common interest development as defined in Section 4100 or 6534 of the Civil Code if the board of directors of that common interest development is subject to the requirements of subdivision (b) of Section 4225 or of subdivision (b) of Section 6606 of the Civil Code.
(j)For purposes of this section, redaction and redacted mean the same as defined in Section 12956.1.
SEC. 18.Section 12993 of the Government Code is amended to read:12993.(a)The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. This part does not repeal any of the provisions of civil rights law or of any other law of this state relating to discrimination because of race, caste, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, reproductive health decisionmaking, or sexual orientation, unless those provisions provide less protection to the enumerated classes of persons covered under this part.
(b)The provisions in this part relating to discrimination in employment on account of sex or medical condition do not affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan, provided the terms or conditions are in accordance with customary and reasonable or actuarially sound underwriting practices.
(c)While it is the intention of the Legislature to occupy the field of regulation of discrimination in employment and housing encompassed by the provisions of this part, exclusive of all other laws banning discrimination in employment and housing by any city, city and county, county, or other political subdivision of the state, this part does not limit or restrict the application of Section 51 of the Civil Code.
SECTION 1.It is the intent of the Legislature to enact future legislation that would protect people from discrimination on the basis of their ancestry.It is the intent of the Legislature to enact future legislation that would protect people from discrimination on the basis of their ancestry.
|
Date
|
Status
|
|---|---|
| Jan 25, 2024 | Veto sustained. |
| Jan 25, 2024 | Stricken from file. |
| Oct 7, 2023 | In Senate. Consideration of Governor's veto pending. |
| Oct 7, 2023 | Vetoed by the Governor. |
| Sep 11, 2023 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 5, 2023 | Assembly amendments concurred in. (Ayes 31. Noes 5. Page 2364.) Ordered to engrossing and enrolling. |
| Aug 29, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 28, 2023 | Read third time. Passed. (Ayes 55. Noes 3. Page 2833.) Ordered to the Senate. |
| Aug 24, 2023 | Read third time and amended. |
| Aug 24, 2023 | Ordered to third reading. |
| Aug 17, 2023 | Read second time. Ordered to third reading. |
| Aug 16, 2023 | From committee: Do pass. (Ayes 13. Noes 1.) (August 16). |
| Jul 10, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 6, 2023 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 5). |
| Jun 15, 2023 | Referred to Com. on JUD. |
| Jun 15, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| May 11, 2023 | In Assembly. Read first time. Held at Desk. |
| May 11, 2023 | Read third time. Passed. (Ayes 34. Noes 1. Page 1047.) Ordered to the Assembly. |
| May 9, 2023 | Read second time. Ordered to third reading. |
| May 8, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| May 1, 2023 | Set for hearing May 8. |
| Apr 26, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 893.) (April 25). Re-referred to Com. on APPR. |
| Apr 17, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Apr 14, 2023 | Set for hearing April 25. |
| Mar 29, 2023 | Re-referred to Com. on JUD. |
| Mar 22, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 22, 2023 | Referred to Com. on RLS. |
| Feb 10, 2023 | From printer. May be acted upon on or after March 12. |
| Feb 9, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 5, 2023 | Unfinished Business SB403 Wahab et al. Motions Concurrence | Senate Floor |
Passed |
|
| Aug 28, 2023 | SB 403 Wahab Senate Third Reading By Connolly | Assembly Floor |
Passed |
|
| Aug 16, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 5, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
|
| May 11, 2023 | Senate 3rd Reading SB403 Wahab et al. | Senate Floor |
Passed |
|
| Apr 25, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate 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
|
|---|---|---|
| 5B Corp. | ** Support | |
| 99 Plus Mart | ** Support | |
| A1 Food Store | ** Support | |
| AAPI Equity Alliance | ** Support | |
| Academics in Support of SB 403 | ** Support | |
| Accenture | * Against | Jul 5, 2023 |
| Aclu California Action | ** Support | |
| Ad Dharm Brotherhood USA | ** Support | |
| AIM for Seva | ** Against | |
| AK Market | ** Support | |
| AK Trucking | ** Support | |
| Akshaya Patra | ** Against | |
| Alameda County | * Support | Apr 25, 2023 |
| Alameda County Democratic Party, Central Committee | ** Support | |
| Alameda County Human Relations Commission | * Support | Jul 5, 2023 |
| Alameda Human Relations Commission | * Support | Apr 25, 2023 |
| Aliso Viejo City Of | * Against | Apr 25, 2023 |
| Alphabet Workers Union – Communication Workers of America | ** Support | |
| Alum Rock Hikers Group | ** Against | |
| Ambedkar Association of North America | ** Support | |
| Ambedkar Association of North America | * Support | Apr 25, 2023 |
| Ambedkar Buddhist Association of Texas | ** Support | |
| Ambedkar International Center | ** Support | |
| Ambedkar International Co-Ordination Society | ** Support | |
| Ambedkar International Mission Center Houston, USA | ** Support | |
| Ambedkar International Mission Society, Calgary | ** Support | |
| Ambedkar International Social Reform Organization | ** Support | |
| Ambedkar King Study Circle | ** Support | |
| Ambedkar Times | ** Support | |
| Ambedkar-Phule Network of American Dalits and Bahujans | ** Against | |
| Ambedkar-Phule Network of American Dalits and Bahujans | * Against | Apr 25, 2023 |
| Ambedkar-Phule Network of American Dalits and Bahujans | * Support | Apr 25, 2023 |
| Ambedkarite Buddhist Association of Texas | ** Support | |
| Ambedkarites International Mission Society – Canada | ** Support | |
| America Golden Property LLC | ** Support | |
| American Against Caste Discrimination | ** Support | |
| American Atheists | ** Against | |
| American Ethnic Ministries | ** Support | |
| American Gurdwara Parbandhak Committee | ** Support | |
| American Hindu Federation | ** Against | |
| American Hindus Against Defamation | ** Against | |
| American International Center | * Support | Jul 5, 2023 |
| American Muslim and Multifaith Women’s Empowerment Coalition | ** Against | |
| Americans for Equality | ** Against | |
| Americans4Hindus | ** Against | |
| Amrik Chand CPA | ** Support | |
| Ana Truck Line | ** Support | |
| Angelo’s Pizza & Wings | ** Support | |
| Annapoorna USA Foundation | ** Against | |
| Anti-racism Task Force At First United Methodist Church of Redding | ** Support | |
| Arco Broadway | ** Support | |
| Arsha Vidya Pitham | ** Against | |
| Art of Living in Colorado | ** Against | |
| Arya Samaj Long Island | ** Against | |
| Aryan Brotherhood | * Support | Apr 25, 2023 |
| Asian American Disinformation Table | ** Support | |
| Asian American Shop Owners Association | ** Against | |
| Asian Americans Advancing Justice Asian Law Caucus | ** Support | |
| Asian Americans for Equality | * Against | Apr 25, 2023 |
| Asian Pacific American Labor Alliance | ** Support | |
| Asian Pacific Environmental Network | ** Support | |
| Autumnoaks Sai Devotees Association | ** Against | |
| Bakersfield California | * Against | Apr 25, 2023 |
| Bakersfield California | * Support | Apr 25, 2023 |
| Balagokulam LoneHill Chapter | ** Against | |
| Banger Trucking | ** Support | |
| Bangladeshi Minorities in USA | ** Against | |
| Bay Area | * Support | Apr 25, 2023 |
| Bay Area | * Support | Apr 25, 2023 |
| Bay Area | * Support | Apr 25, 2023 |
| Bay Area | * Against | Apr 25, 2023 |
| Bay Area Bearcats | ** Against | |
| Bay Area Bengalis | ** Against | |
| Bay Area Hindus | ** Against | |
| Bay Area Vaishnav Parivar | ** Against | |
| Bay Area Youth Vaishnav Parivar | ** Against | |
| Begumpura Cultural Society of New York | ** Support | |
| Bend the Arc: Jewish Action California | ** Support | |
| Bhajan Agriculture | * Support | Apr 25, 2023 |
| Bharati Tamil Sangam | ** Against | |
| Bhim International Foundation | ** Support | |
| Bhim International Foundation USA/Shri Guru Ravidass Sabha | ** Support | |
| Bihar Foundation | * Against | Jul 5, 2023 |
| Bihar Up Jharkhand United of North America | ** Against | |
| Billy DeFrank Center | * Support | Apr 25, 2023 |
| Billy DeFrank Center | * Support | Apr 25, 2023 |
| Boston South Asian Coalition | ** Support | |
| Boston Study Group | ** Support | |
| Bottles Up | ** Support | |
| Brea, California | * Support | Apr 25, 2023 |
| Brentwood, CA | * Against | Apr 25, 2023 |
| Brentwood, CA | * Against | Apr 25, 2023 |
| Brentwood, CA | * Against | Apr 25, 2023 |
| Brentwood, CA | * Against | Apr 25, 2023 |
| CA Plaza | ** Support | |
| California Asian Pacific American Bar Association | ** Support | |
| California Association of Human Relations Commissions | ** Support | |
| California Coalition for Community Investment | ** Support | |
| California Democratic Party | ** Support | |
| California Employment Lawyers Association | ** Support | |
| California Environmental Voters | ** Support | |
| California Faculty Association | ** Support | |
| California Immigrant Policy Center | ** Support | |
| California Labor Federation | ** Support | |
| California Mini Mart | ** Support | |
| Californiaforjustice.com | ** Against | |
| Californians for Caste Equity | ** Support | |
| Canada | * Against | Jul 5, 2023 |
| Capital City Trial Lawyers | * Support | Jul 5, 2023 |
| Carson Inn | ** Support | |
| Cascade Park Democratic Values Coalition | ** Against | |
| Caste Equity Legal Task Force | ** Support | |
| Center for Empowering Refugees and Immigrants | ** Support | |
| Chanan G Corporation | ** Support | |
| Cheaper Cigarette Store | ** Support | |
| Chetna Association of Canada | ** Support | |
| Chinmaya Mission Los Angeles | ** Against | |
| Chinmaya Mission San Jose | ** Against | |
| Chinmaya Mission West | ** Against | |
| Circle A. Auto Service Center | ** Support | |
| Circle Food Store Inc. | ** Support | |
| City of Alameda | ** Support | |
| City Of Burlingame | * Against | Jul 5, 2023 |
| City of Concord | * Against | Apr 25, 2023 |
| City Of Cupertino | * Against | Jul 5, 2023 |
| City of Dixon | * Against | Jul 5, 2023 |
| City of Dublin | * Against | Jul 5, 2023 |
| City of Elk Grove | * Against | Apr 25, 2023 |
| City of Fairfield | * Support | Jul 5, 2023 |
| City Of Folsom | * Against | Apr 25, 2023 |
| City of Fremont | * Against | Jul 5, 2023 |
| City Of Fresno | * Support | Apr 25, 2023 |
| City Of Hayward | * Against | Apr 25, 2023 |
| City Of Irvine | * Against | Jul 5, 2023 |
| City Of Livermore | * Against | Jul 5, 2023 |
| City Of Pittsburg | * Support | Apr 25, 2023 |
| City Of Pleasanton | * Against | Jul 5, 2023 |
| City Of Rancho Cordova | * Against | Jul 5, 2023 |
| City of Redwood City | * Against | Apr 25, 2023 |
| City of Roseville | * Against | Jul 5, 2023 |
| City Of Sacramento | * Against | Jul 5, 2023 |
| City of San Bruno | * Against | Apr 25, 2023 |
| City of San Jose | * Against | Jul 5, 2023 |
| City of San Ramon | * Against | Jul 5, 2023 |
| City of Santa Clara | * Against | Apr 25, 2023 |
| City Of Selma | * Support | Apr 25, 2023 |
| City Of Tracy | * Against | Jul 5, 2023 |
| Coalition of Americans for Pluralism in India | ** Support | |
| Coalition of Hindus of North America | ** Against | |
| Coalition of Seattle Indian Americans | ** Support | |
| Coalition of Sikh Communities Across California | ** Support | |
| Concord Housewives Group | ** Against | |
| Concord, California | * Support | Apr 25, 2023 |
| Consumer Attorneys Of California | ** Support | |
| Contra Costa Asian American Pacific Islander Coalition | ** Support | |
| Cornerstone Synergy | ** Against | |
| Council on American-Islamic Relations, California | ** Support | |
| County Of Santa Clara | * Against | Jul 5, 2023 |
| Culver City Democratic Club | ** Support | |
| Cupertino Action & Advocacy | ** Against | |
| Curry Land | ** Support | |
| Dalit | * Against | Apr 25, 2023 |
| Dalit | * Against | Apr 25, 2023 |
| Dalit Samaj of North America | ** Against | |
| Dalit Solidarity Forum | ** Support | |
| Dalit-Bahujan Solidarity Network | ** Against | |
| DalitBahujan.org | ** Against | |
| Days Inn Lost Hills | ** Support | |
| democratic party of contra costa county | ** Support | |
| Democratic Values Coalition | * Against | Jul 5, 2023 |
| Desh Doaba | ** Support | |
| DFW Shri Guru Ravidass Organization | ** Support | |
| DFW Shri Guru Ravidass Organization, Mesquite, TX | ** Support | |
| Dhamma Waves | ** Support | |
| Dharma Civilization Foundation | ** Against | |
| Dharma Civilization Foundation Inc. | ** Against | |
| Diamond Services CA LLC | ** Support | |
| Discount Plus Mart | ** Support | |
| Dr. Ambedkar International Mission, Toronto | ** Support | |
| Dr. B.R. Ambedkar Educational Aid Society | ** Support | |
| Dr. B.R. Ambedkar Educational Aid Society, Fremont, CA | ** Support | |
| Dr. Cornel West | ** Support | |
| Drishtikone | ** Against | |
| Durga Temple of VA | ** Against | |
| Durga Temple of Virginia | ** Against | |
| East Bay for Everyone | ** Support | |
| East Bay YIMBY | ** Support | |
| East Bay Young Democrats | ** Support | |
| Economy Inn Suites, Bakersfield, CA | ** Support | |
| Ek Panth Ek Soch | ** Support | |
| El Dorado Hills | * Against | Apr 25, 2023 |
| Equality Labs | ** Support | |
| Equality Labs | * Support | Apr 25, 2023 |
| Equity Labs | * Support | Aug 16, 2023 |
| Evergreen Desi Group | ** Against | |
| Evergreen Spiritual Singing Group | ** Against | |
| Federation of Hindu Associations | ** Against | |
| Federation of Hindu Mandirs | ** Against | |
| Federation of Indian American Ambedkarities of Bay Area | ** Support | |
| Federation of Indo-Americans of Northern California | ** Against | |
| Feminist Critical Hindu Studies Collective | ** Support | |
| FGS Trucking Inc. | ** Support | |
| Fia of Northern California | ** Against | |
| First United Methodist Church of Redding, Anti-racism Task Force | ** Support | |
| Folsom Bhajan Group | ** Against | |
| Folsom Desi Ambedkar Civil Rights Group | ** Against | |
| Folsom Hindu Temple and Cultural Center | ** Against | |
| Foothill Desi Sports Association | ** Against | |
| Foundation for India and Indian Diaspora Studies | ** Against | |
| Fremont Hindu Temple | ** Against | |
| Fremont Parents Against Discrimination | ** Against | |
| Friends for Education International | ** Support | |
| Genupgenz&beyond | ** Against | |
| Global Bahujan Group | ** Support | |
| Global Kashmiri Pandit Diaspora | ** Against | |
| Global NRI Forum | ** Support | |
| Go Beyond Labels | ** Against | |
| Golden Eagle Property LLC | ** Support | |
| GoodKarma CLAT | ** Against | |
| Grandhaven Laundromat | ** Support | |
| Great Truth | ** Support | |
| Gudwara Guru Angad Darbar, Inc. | ** Support | |
| Gujaratis of North America | ** Against | |
| Gujaratis of North America, Inc. | ** Against | |
| Gurdwara Gur Nanak Parkash | ** Support | |
| Gurdwara Gurmat Parkash | ** Support | |
| Gurdwara Guru Kalgidhar Sahib | ** Against | |
| Gurdwara Matsuana Sahib, Yuba City | ** Support | |
| Gurdwara Sacramento Sikh Society | ** Support | |
| Gurdwara Sahib Fremont | ** Support | |
| Gurdwara Sahib Hayward | ** Support | |
| Gurdwara Shri Guru Ravidass Sahib Ji Selma, California | ** Support | |
| Gurdwara Sri Sachkand Sahib | ** Support | |
| Gurdwara Sukh Sagar Sahib | ** Support | |
| Guru Granth Sahib Foundation, INC. | ** Support | |
| Guru Nanak Sikh Society of Yuba City | ** Against | |
| Gurudwara Sant Sagar | ** Against | |
| Hanford Gas | ** Support | |
| Har Trans LLC | ** Support | |
| Harbans Singh Plaza | ** Support | |
| Hayward, California | * Against | Apr 25, 2023 |
| HCS Springfield, Ohio | ** Against | |
| Health & Life Insurance | ** Support | |
| Hero Life Sciences INC | ** Against | |
| Hidden Leaf Foundation | ** Support | |
| Hindu Advocacy Constituent Committee of San Mateo County | ** Against | |
| Hindu American | * Against | Apr 25, 2023 |
| Hindu American Foundation | ** Against | |
| Hindu American Political Action Committee | ** Against | |
| Hindu Americans of San Diego | ** Against | |
| Hindu Business Network | ** Against | |
| Hindu Community Center | ** Against | |
| Hindu Community Institute | ** Against | |
| Hindu Community of Springfield | ** Against | |
| Hindu Cultural Center | ** Against | |
| Hindu Mandir Executives’ Conference | ** Against | |
| Hindu Society of Inland Empire Inc. | ** Against | |
| Hindu Speakers Bureau | ** Against | |
| Hindu Speakers Bureau | * Against | Apr 25, 2023 |
| Hindu Teens Association of Roseville | ** Against | |
| Hindu Temple Dayton | ** Against | |
| Hindu Temple of Greater Chicago | ** Against | |
| Hindu Temple of New Hampshire | ** Against | |
| HinduACTion | ** Against | |
| HinduPact | ** Against | |
| Hindus 4 Dignity | ** Against | |
| Hindus FOR California | ** Against | |
| Hindus for Caste Equity | ** Support | |
| Hindus for Equal Rights | ** Against | |
| Hindus for Harmony | ** Against | |
| Hindus for Human Rights | ** Support | |
| Hindus in North America | ** Against | |
| Hindus Not Caste-Oppressors | ** Against | |
| HK Parnership | ** Support | |
| HMH Property LLC | ** Support | |
| Holiday Inn Express Delano | ** Support | |
| Hot Box Smok Shop | ** Support | |
| HR Plaza | ** Support | |
| HSS-USA | ** Against | |
| HumanSense AI Inc. | ** Against | |
| Humansense.ai INC. | ** Against | |
| I. Korotania Inc. | ** Support | |
| India Association of Los Angeles | ** Against | |
| India Awarenss Foundation | ** Against | |
| India Civil Watch International | ** Support | |
| India Heritage Foundation | ** Against | |
| Indiafacts | ** Against | |
| Indian American Interfaith Leaders | ** Against | |
| Indian American Muslim Council | ** Support | |
| Indian Americans California | ** Against | |
| Indian Americans of Irvine and Orange County | ** Against | |
| Indian Career Association - Fairfield | * Support | Jul 5, 2023 |
| Indian Leadership Alliance | * Against | Apr 25, 2023 |
| Indic Press | ** Against | |
| Indo American Social Association LLC | ** Against | |
| Indo-American Community Federation | ** Against | |
| Interfaith Dialogue Association | ** Against | |
| InterfaithShaadi | ** Against | |
| International Bahujan Organization | ** Support | |
| International Bajuhan Organization CA | ** Support | |
| International Bodhisattva Guru Ravidass Organization Inc. | ** Support | |
| Iron Horse Health and Wellness Group | ** Against | |
| ISSO LA | ** Against | |
| Jain Foundation, India Community Center, Simi Valley Mandir | ** Against | |
| Jain Foundation/India Community Center/Simi Valley Mandir | ** Against | |
| Jain Society of Greater Cleveland | ** Against | |
| Jakara Movement | ** Support | |
| Jassal Trans Inc. | ** Support | |
| Jaya Hanuman Temple and Cultural Center | ** Against | |
| Jewish Institute for Liberal Values | ** Against | |
| JK Liquor Mart | ** Support | |
| JK Smoke Shop | ** Support | |
| Joy and Assoc. DBA Home America | ** Against | |
| JS Construction B Development | ** Support | |
| K & K Laundromat | ** Support | |
| K & K Quick Stop | ** Support | |
| K & K Valero | ** Support | |
| Kailasa San Diego | ** Against | |
| Kailasa San Diego Hindu University | ** Against | |
| Kaur Ryan Trucking Inc. | ** Support | |
| KB Used Auto Sales | ** Support | |
| Kerala Hindus of Northern California | ** Against | |
| Kern County | * Support | Apr 25, 2023 |
| Khalsa Care Foundation | ** Against | |
| Kimaya Transformations | * Against | Jul 5, 2023 |
| King’s Market | ** Support | |
| King’s Smoke Shop | ** Support | |
| Knowyourroots Foundation | ** Against | |
| Korean Community Center of the East Bay | ** Support | |
| Kumar Investments | ** Support | |
| Land Park Chevron | ** Support | |
| Latine Young Democrats of the East Bay | ** Support | |
| Lawyers Committee for Civil Rights of the San Francisco Bay Area | ** Support | |
| Legal Aid At Work | ** Support | |
| Leigh High School | * Against | Apr 25, 2023 |
| Let’s Play Badminton Group | ** Against | |
| Los Angeles County | * Against | Apr 25, 2023 |
| Love Never Fails | ** Support | |
| M & J’s Smoke Shop | ** Support | |
| Maharishi Valmik Sabha | ** Against | |
| Majestic Homes | ** Support | |
| Majitpal Singh Inc. | ** Support | |
| Mandir | ** Against | |
| Manteca, California | * Support | Apr 25, 2023 |
| Mario’s Auto Repair | ** Support | |
| Mazik Smoke Shop | ** Support | |
| Mcanally Desi Youth Sports Community | ** Against | |
| McKinleyville | * Against | Jul 5, 2023 |
| me too. International | ** Support | |
| Mental Health Professionals for Caste Equity and Healing | ** Support | |
| Metropolitan Asian Family Services, INC. | ** Against | |
| MGM Tobacco and Mini Mart | ** Support | |
| MHC Trans Inc. | ** Support | |
| Milpitas City Of | * Against | Apr 25, 2023 |
| Minimalist Moms | ** Against | |
| Minority Parents Association, Livermore | ** Against | |
| Moms, Homemakers & Dogooders Syndicate | ** Against | |
| Morgan Hill | * Against | Apr 25, 2023 |
| Mothers Against Bullying | ** Against | |
| Motwani Jadeja Family Foundation | ** Against | |
| Mountain House, California | * Against | Apr 25, 2023 |
| Mountain House, California | * Against | Apr 25, 2023 |
| Mountain House, California | * Against | Apr 25, 2023 |
| Mountain House, California | * Against | Apr 25, 2023 |
| Mountain View | * Against | Apr 25, 2023 |
| My Temple | ** Against | |
| NAACP Hayward South Alameda County | ** Support | |
| Nanaksar Darbar Langar Mata Sahib Kaur Ji, Inc. | ** Support | |
| National Academic Coalition for Caste Equity | ** Support | |
| National Alliance of Indo-Canadians | ** Against | |
| National Asian Pacific American Bar Association | ** Support | |
| National Association of Social Workers California Chapter | ** Support | |
| Natomas Friends Cultural Group | ** Against | |
| Natomas Group of Sacramento | ** Against | |
| New Gen Corp. | ** Support | |
| New Look Threading Salon | ** Support | |
| Newburg, California | * Support | Apr 25, 2023 |
| Nibbana Healthcare INC. | ** Support | |
| Nithyananda Dhyanapeetam Temple and Cultural Center | ** Against | |
| Nris4Bengal | ** Against | |
| Organization of Hindu Malayalees | ** Against | |
| Organization of Hindu Malayalees INC | ** Against | |
| Organizing for Action Contra Costa | ** Support | |
| Pacific Coast Khalsa Diwan Society | ** Support | |
| Pacific State Hospitality LLC | ** Support | |
| Palo Alto for Religious Freedom | ** Against | |
| Palo Alto Indians | * Against | Jul 5, 2023 |
| Paragon Medical Management Group | ** Support | |
| Paul’s Food Fair Inc. | ** Support | |
| Peace and Freedom Party of California | ** Support | |
| Periyar Ambedkar Study Circle | ** Support | |
| Periyar International USA | ** Support | |
| Pleasant Hill | * Against | Apr 25, 2023 |
| Pleasanton Kannada Balaga | ** Against | |
| Port of Subs | ** Support | |
| Power in Education | ** Support | |
| Pragnya Cultural Society | ** Against | |
| Proud Ravidassia Global Organization | ** Support | |
| Punjabi American Heritage Society – Roseville | ** Support | |
| R & M Brothers Transport LLC | ** Support | |
| R&R Management Services Inc. | ** Support | |
| Radha Swami Rasila Satsang Center | ** Support | |
| Radha Swami Rasila Satsang Center, Fresno, CA | ** Support | |
| RangAmerica | ** Against | |
| Ravel Law | * Support | Jul 5, 2023 |
| Reiki Group | ** Against | |
| Road King Express | ** Support | |
| Rocklin Elementary School | * Against | Apr 25, 2023 |
| Rocklin, California | * Against | Jul 5, 2023 |
| Roosevelt, California | * Against | Apr 25, 2023 |
| Roosevelt, California | * Against | Apr 25, 2023 |
| Rutgers Hindu Yuva | ** Against | |
| RZ Smoke Shop | ** Support | |
| Sacramento Sikh Temple | * Support | Jul 5, 2023 |
| Sacramento, California | * Against | Apr 25, 2023 |
| Sacramento, California | * Support | Apr 25, 2023 |
| Sacramento, California | * Support | Apr 25, 2023 |
| Sacramento, California | * Support | Apr 25, 2023 |
| Sacramento, California | * Against | Apr 25, 2023 |
| Sacramento, California | * Support | Apr 25, 2023 |
| Sacramento, California | * Against | Apr 25, 2023 |
| Sacramento, California | * Support | Apr 25, 2023 |
| Sacramento, California | * Against | Apr 25, 2023 |
| Sahayaatra International Alliance for Social Justice | ** Support | |
| Saman Sangh | ** Support | |
| Saman Sangh – Om Prakash | ** Support | |
| Samskrita Bharati, Fremont CA Chapter | ** Against | |
| Samskrita Bharati, San Ramon Chapter | ** Against | |
| San Diego County | * Against | Jul 5, 2023 |
| San Francisco Bay Area Tamil Mandram | ** Support | |
| San Jose, California | * Against | Apr 25, 2023 |
| San Ramon City Of | * Against | Apr 25, 2023 |
| San Ramon Health for Humanity Group | ** Against | |
| Sanatan Mandir San Bruno | ** Against | |
| Sanford Heisler Sharp Llp | ** Support | |
| Sankara Eye Foundation USA | ** Against | |
| Santa Clara | * Against | Jul 5, 2023 |
| Santa Clara County Democratic Party | ** Support | |
| Santa Clara, CA | * Against | Apr 25, 2023 |
| Santa Monica Democratic Club | ** Support | |
| Sarab Sanjha Gurdwara | ** Support | |
| Satsang Group | ** Against | |
| SBN Trucking | ** Support | |
| Seattle Councilmember Ksharma Sawant | ** Support | |
| Several individuals | ** Support | |
| Sewa International, Inc. | ** Against | |
| Shaheed Baba Deep Singh Khalsa Darbar | ** Support | |
| Shanti Mandir | ** Against | |
| Shanti Om | ** Against | |
| Shasta County Citizens Advocating Respect | ** Support | |
| Sheru Transport Inc. | ** Support | |
| Shiva Murgan Temple | ** Against | |
| Shiva Vishnu Temple | ** Against | |
| Shiva Vishnu Temple of Cleveland | ** Against | |
| Showing Up for Racial Justice | ** Against | |
| Shree Swaminarayan Satsang Mandal | ** Against | |
| Shri Guru Ravidas Sabha Bay Area | ** Support | |
| Shri Guru Ravidass Sabha Sacramento | ** Support | |
| Shri Guru Ravidass Sabha, Fresno, CA | ** Support | |
| Shri Guru Ravidass Sabha, Fresno, California | ** Support | |
| Shri Guru Ravidass Sabha, New York | ** Support | |
| Shri Guru Ravidass Temple, Pittsburgh, CA | ** Support | |
| Shri Guru Ravidass Temple, Pittsburgh, California | ** Support | |
| Shri Guru Ravidass Temple, Rio Linda, CA | ** Support | |
| Shri Guru Ravidass Temple, Rio Linda, California | ** Support | |
| Shri Guru Ravidass Temple, Selma, CA | ** Support | |
| Shri Guru Ravidass Temple, Selma, California | ** Support | |
| Shri Guru Ravidass Temple, Union City, CA | ** Support | |
| Shri Guru Ravidass Temple, Union City, California | ** Support | |
| Shri Guru Ravidass Temple, Yuba City, CA | ** Against | |
| Shri Guru Ravidass Temple, Yuba City, California | ** Support | |
| Shri Yoga Vedanta Ashram | ** Against | |
| sikh american legal defense and education fund | ** Support | |
| Sikh Center of Pacific Coast | ** Support | |
| Sikh Coalition | ** Support | |
| Sikh Community Center | ** Support | |
| Sikh Gurdwara Sahib SF | ** Support | |
| Sikh Gurdwara – San Jose | ** Support | |
| Sikh Temple Gridley – Live Oak | ** Against | |
| Sikh Temple Gurdwara Yuba City | ** Against | |
| Sikh Temple of Bakersfield | ** Support | |
| Sikh Temple Turlock | ** Support | |
| Sikh Youth of America | ** Support | |
| Silicon Valley Chinese Association | ** Against | |
| Silicon Valley Gurdwara | ** Support | |
| Silicon Valley Interreligious Council | ** Against | |
| SMAP Foundation | ** Against | |
| Smap Foundation INC. | ** Against | |
| Sobha Road Service | ** Support | |
| Social Justice Coalition, Livermore | ** Against | |
| Socialist Alternative – Bay Area | ** Support | |
| Sohi Momi Partnership | ** Support | |
| Sood Trucking Inc. | ** Support | |
| South Asia Scholar Activist Collective | ** Support | |
| South Asian Coalition to Renew Democracy | ** Support | |
| South Asian Dalit Adivasi Network, Canada | ** Support | |
| South Asian Left Activist Movement | ** Support | |
| South Asian Network | ** Support | |
| South Asian SOAR | ** Support | |
| South Asians for Inclusive Progress | ** Against | |
| South San Francisco City Of | * Support | Apr 25, 2023 |
| Southern Asian Bar Association of North America | ** Support | |
| SP Baler Trans Inc. | ** Support | |
| Sri Ashtalakshmi Temple | ** Against | |
| Sri Guru Nanak Sikh Temple | ** Support | |
| Sri Guru Ravidass - Bay Area | * Support | Jul 5, 2023 |
| Sri Guru Ravidass Sabha Ontario | ** Support | |
| Sri Guru Ravidass Society, Calgary | ** Support | |
| Sri Saibaba Mandir | ** Against | |
| Sri Satya Narayana Swamy Devasthanam | ** Against | |
| StandWithUs | ** Against | |
| Stanford Heisler Sharp, LLP | ** Support | |
| Step2stepup INC. | ** Against | |
| Stop AAPI Hate | ** Support | |
| Subway # 24692 | ** Support | |
| Subway # 30212 | ** Support | |
| Sunnyvale, California | * Against | Jul 5, 2023 |
| Tech Equity Collaborative | ** Support | |
| Tech Workers for Caste Equity | ** Support | |
| Tek-Tax Services | ** Support | |
| Temple Volunteers of Centerville, Fremont | ** Against | |
| THAKAR Inc. | ** Support | |
| The Cardiovascular Center | ** Support | |
| The Hindu Bhajan Samiti | ** Against | |
| The Khalsa Today | ** Against | |
| TJ Trucking | ** Support | |
| TransOne Logistics | ** Support | |
| Tri-devi Sanatan Mandir INC | ** Against | |
| TriDevi Sanatan Mandir Inc. | ** Against | |
| UC Berkeley | * Support | Apr 25, 2023 |
| United Indians Association | ** Against | |
| United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance | ** Support | |
| United States-India Relationship Council | ** Against | |
| United Way of Northern California | ** Support | |
| University of Toronto - Hindu Student's Council | ** Against | |
| University of Toronto – Hindu Student’s Council | ** Against | |
| UTC Inc. | ** Support | |
| Uttar Pradesh Mandal of America | * Against | Apr 25, 2023 |
| Uttar Pradesh Mantal | ** Against | |
| V-Day | ** Support | |
| Vaishnav Samaj of Southern California | ** Against | |
| Vasavi Seva Foundation | ** Against | |
| Vedic Cultural & Spiritual Center | ** Against | |
| Vedic Cultural and Spiritual Center of San Diego | ** Against | |
| Vedic Dharma Samaj/Fremont Hindu Temple | ** Against | |
| Vedic Education and Devotional Academy | ** Against | |
| Vedic Sampradaya | ** Against | |
| Vietnamese American Conservative Association | ** Against | |
| Vinay Kruttiventi Foundation | ** Against | |
| Vishwa Hindu Parishad of America – Los Angeles | ** Against | |
| Vivaankika | ** Against | |
| Voices for Progress | ** Support | |
| Wasco Dining | ** Support | |
| Wasco Inn | ** Support | |
| Wasco Plaza | ** Support | |
| Washington State and India Trade Relations Action Committee | ** Against | |
| Wilcox High School | * Against | Apr 25, 2023 |
| Workers Strike Back | ** Support | |
| World Hindu Coalition | ** Against | |
| World Hindu Council of America | ** Against | |
| Yoga Ascent North America | ** Against | |
| Yoga Bharati | ** Against |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 403 |
VETO
Bill No: SB 403
Author: Wahab (D), et al.
Amended: 8/24/23
Vote: 27
SENATE JUDICIARY COMMITTEE: 11-0, 4/25/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 34-1, 5/11/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NOES: Jones
NO VOTE RECORDED: Becker, Dahle, Grove, Nguyen, Seyarto
SENATE FLOOR: 31-5, 9/5/23
AYES: Allen, Archuleta, Ashby, Atkins, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Ochoa Bogh, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NOES: Dahle, Grove, Jones, Nguyen, Seyarto
NO VOTE RECORDED: Alvarado-Gil, Becker, Padilla, Wilk
ASSEMBLY FLOOR: 55-3, 8/28/23 - See last page for vote
SUBJECT: Discrimination on the basis of ancestry
SOURCE: Alphabet Workers Union – Communication Workers of America
Ambedkar Association of North America
Asian Pacific American Labor Alliance
Equality Labs
Hindus for Caste Equity
Jakarta Movement
Sikh American Legal Defense and Education Fund
Sikh Coalition
South Asian Network
Tech Equity Collaborative
DIGEST:
This bill clarifies that discrimination on the basis of caste, as defined, is prohibited as a form of discrimination on the basis of ancestry under existing anti-discrimination statutes; and adds a prohibition on the basis of ancestry to existing anti-discrimination provisions under the Education Code.
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. (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.)
- Provides that no person in the State shall, on the basis of their actual or perceived sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state, including at the California State University. (Gov. Code, § 11135.)
- Establishes the Fair Employment and Housing Act (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.)
- Establishes the Civil Rights Department (CRD) (formerly DFEH), which is tasked with enforcing California’s civil rights laws, issuing publications that will tend to minimize or eliminate prohibited discrimination, providing assistance to communities and persons in resolving disputes relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, reproductive health decisionmaking, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. (Gov. Code, §§ 12930, 12931.)
This bill:
- Adds, to 2), a prohibition on discrimination on the basis of ancestry.
- Defines “ancestry,” for purposes of 1)-5), above, as including, but not limited to, lineal descent, heritage, parentage, caste, or any inherited social status; and states that nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
- Defines “caste,” for purposes of 1)-5), above, as an individual’s perceived position in a system of social stratification on the basis of inherited status; a system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
- Includes chaptering-out amendments to prevent a conflict with AB 524 (Wicks, 2023).
Comments
This bill clarifies that discrimination on the basis of caste is prohibited under the Unruh Civil Rights Act, state laws prohibiting discrimination in publicly funded programs and public education, and FEHA. Specifically, as amended in the Assembly, this bill defines “ancestry,” which is already a protected category, to include lineal descent, heritage, parentage, caste, or any inherited social status. This bill further defines “caste” as a person’s perceived position in a system of social stratification on the basis of inherited status; a caste system may be characterized by factors that may include, but are not limited to: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status. Because caste can intersect with, and incorporate, existing concepts of race and color, ethnicity, and national origin,[1] this bill also clarifies that a person may allege discrimination on the basis of ancestry in combination with discrimination on other bases. This bill also adds “ancestry,” along with the definitions of “ancestry” and “caste,” to the existing anti-discrimination laws covering the provision of rights and opportunities in public schools.
These changes are intended to provide additional clarity to businesses, employers, and schools about what forms of discrimination are prohibited. While it may seem clear to some that caste is already protected, the reports of caste-based discrimination in the state suggest that employers and other entities are not adequately protecting against this form of discrimination in the absence of a specific statutory reference to caste.
Although caste systems are hierarchical, this bill’s definition of “caste” establishes a neutral approach to the nature of caste-based discrimination: “caste” includes anyone’s perceived position in a caste system, thereby prohibiting discrimination regardless of whether the position is considered a “high” position or a “low” position in the hierarchy. Accordingly, a person who experienced discrimination because someone believed they were in a dominant caste would have just as much of a claim as a person who experienced discrimination because it was believed they were a member of a historically disfavored caste. Similarly, this bill does not require either the discriminator or the victim of discrimination to identify as being a member of a caste system; a person who believed they were not part of a caste system could still violate the laws if they discriminated against a person based on their understanding of the person’s caste, and the person who experienced discrimination need not identify as a member of a caste system as long as they can prove that they were discriminated against as a result of their perceived membership. The bill is also neutral in that it applies to all caste systems, regardless of the origin of the system.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, this bill will incur minor state costs, if any, because discrimination on the basis of caste is already prohibited under California law.
SUPPORT: (Verified 8/31/23)
Alphabet Workers Union – Communication Workers of America (co-source)
Ambedkar Association of North America (co-source)
Asian Pacific American Labor Alliance (co-source)
Equality Labs (co-source)
Hindus for Caste Equity (co-source)
Jakarta Movement (co-source)
Sikh American Legal Defense and Education Fund (co-source)
Sikh Coalition (co-source)
South Asian Network (co-source)
Tech Equity Collaborative (co-source)
5B Corp.
99 Plus Mart
A1 Food Store
AAPI Equity Alliance
ACLU California Action
AK Market
AK Trucking
Alameda County Democratic Party, Central Committee
Ambedkar International Center
Ambedkar International Co-Ordination Society
Ambedkar International Mission Center Houston, USA
Ambedkar International Mission Society, Calgary
Ambedkar International Social Reform Organization
Ambedkar International Social Reform Organization, Canada
Ambedkar King Study Circle
Ambedkar Times
Ambedkarite Buddhist Association of Texas
Ambedkarites International Mission Society – Canada
America Golden Property LLC
American Ethnic Ministries
American Gundwara Parbandhak Committee
Americans Against Caste Discrimination
Amrik Chand CPA
Ana Truck Line
Angelo’s Pizza & Wings
Arco Broadway
Asian American Disinformation Table
Asian Americans Advancing Justice – Asian Law Caucus
Asian Pacific Environmental Network
Banger Trucking
Begumpura Cultural Society of New York
Bend the Arc: Jewish Action California
Bhim International Foundation USA/Shri Guru Ravidass Sabha
Boston South Asian Coalition
Boston Study Group
Bottles Up
CA Plaza
California Asian Pacific American Bar Association
California Association of Human Relations Commissions
California Coalition for Community Investment
California Democratic Party
California Employment Lawyers Association
California Environmental Voters
California Faculty Association
California Immigrant Policy Center
California Labor Federation
California Mini Mart
Californians for Caste Equity
Carson Inn
Caste Equity Legal Task Force
Center for Empowering Refugees and Immigrants
Chanan G Corporation
Cheaper Cigarette Store
Chetna Association of Canada
Circle A. Auto Service Center
Circle Food Store Inc.
City of Alameda
Coalition of Americans for Pluralism in India
Coalition of Seattle Indian Americans
Coalition of Sikh Communities Across California
Consumer Attorneys of California
Contra Costa Asian American Pacific Islander Coalition
Council on American-Islamic Relations, California
Culver City Democratic Club
Curry Land
Dalit Solidarity Forum
Days Inn Lost Hills
Democratic Party of Contra Costa County
Desh Doaba
DFW Shri Guru Ravidass Organization, Mesquite, TX
Dhamma Waves
Diamond Services CA LLC
Discount Plus Mart
Dr. Ambedkar International Mission, Toronto
Dr. B.R. Ambedkar Educational Aid Society, Fremont, CA
Dr. Cornel West
East Bay for Everyone
East Bay YIMBY
East Bay Young Democrats
Economy Inn Suites, Bakersfield, CA
Ek Panth Ek Soch
Federation of Indian American Ambedkarities of Bay Area
Feminist Critical Hindu Studies Collective
FGS Trucking Inc.
First United Methodist Church of Redding, Anti-racism Task Force
Friends for Education International
Global Bahujan Group
Global NRI Forum
Golden Eagle Property LLC
Grandhaven Laundromat
Great Truth
Gudwara Guru Angad Darbar, Inc.
Gurdwara Gur Nanak Parkash
Gurdwara Gurmat Parkash (Manteca)
Gurdwara Matsuana Sahib, Yuba City
Gurdwara Sacramento Sikh Society
Gurdwara Sahib Fremont
Gurdwara Sahib Hayward
Gurdwara Sri Sachkand Sahib
Gurdwara Sukh Sagar Sahib
Hanford Gas
Har Trans LLC
Harbans Singh Plaza
Health & Life Insurance
Hidden Leaf Foundation
Hindus for Human Rights
HK Parnership
HMH Property LLC
Holiday Inn Express Delano
Hot Box Smok [sic] Shop
HR Plaza
I. Korotania Inc.
India Civil Watch International
Indian American Muslim Council
International Bahujan Organization
International Bajuhan Organization CA
International Bodhisattva Guru Ravidass Organization Inc.
Jassal Trans Inc.
JK Liquor Mart
JK Smoke Shop
JS Construction B Development
K & K Laundromat
K & K Quick Stop
K & K Valero
Kaur Ryan Trucking Inc.
KB Used Auto Sales
King’s Market
King’s Smoke Shop
Korean Community Center of the East Bay
Kumar Investments
Land Park Chevron
Latine Young Democrats of the East Bay
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
Legal Aid at Work
Love Never Fails
M & J’s Smoke Shop
Majestic Homes
Majitpal Singh Inc.
Mario’s Auto Repair
Mazik Smoke Shop
me too. International
Mental Health Professionals for Caste Equity and Healing
MGM Tobacco and Mini Mart
MHC Trans Inc.
NAACP Hayward South Alameda County
Nanaksar Darbar Langar Mata Sahib Kaur Ji, Inc.
National Academic Coalition for Caste Equity
National Asian Pacific American Bar Association
National Association of Social Workers – California Chapter
New Gen Corp.
New Look Threading Salon
Nibbana Healthcare Inc.
Organizing for Action Contra Costa
Pacific Coast Khalsa Diwan Society
Pacific State Hospitality LLC
Paragon Medical Management Group
Paul’s Food Fair Inc.
Peace and Freedom Party of California
Periyar Ambedkar Study Circle
Periyar International USA
Port of Subs
Power in Education
Proud Ravidassia Global Organization
Punjabi American Heritage Society – Roseville
R & M Brothers Transport LLC
R&R Management Services Inc.
Radha Swami Rasila Satsang Center, Fresno, CA
Road King Express
RZ Smoke Shop
Sahayaatra International Alliance for Social Justice
Saman Sangh – Om Prakash
San Francisco Bay Area Tamil Mandram
Sanford Heisler Sharp, LLP
Santa Clara County Democratic Party
Santa Monica Democratic Club
SBN Trucking
Seattle Councilmember Ksharma Sawant
Shaheed Baba Deep Singh Khalsa Darbar
Shasta County Citizens Advocating Respect
Sheru Transport Inc.
Shri Guru Ravidass Sabha, Fresno, CA
Shri Guru Ravidass Sabha, New York
Shri Guru Ravidass Temple, Pittsburgh, CA
Shri Guru Ravidass Temple, Rio Linda, CA
Shri Guru Ravidass Temple, Selma, CA
Shri Guru Ravidass Temple, Union City, CA
Sikh Center of Pacific Coast
Sikh Community Center
Sikh Gurdwara – San Jose
Sikh Gurdwara Sahib SF
Sikh Society of Central Contra Costa, Sarab Sanjah Gurdwara
Sikh Temple of Bakersfield
Sikh Temple Turlock
Silicon Valley Gurdwara
Sobha Road Service
Socialist Alternative – Bay Area
Sohi Momi Partnership
Sood Trucking Inc.
South Asia Scholar Activist Collective
South Asian Bar Association of North America
South Asian Coalition to Renew Democracy
South Asian Dalit Adivasi Network, Canada
South Asian Left Activist Movement
South Asian SOAR
Southern Asian Bar Association of North America
SP Baler Trans Inc.
Sri Guru Nanak Sikh Temple
Sri Guru Ravidass Sabha Ontario
Sri Guru Ravidass Society, Calgary
Stop AAPI Hate
Subway # 24692
Subway # 30212
Tech Workers for Caste Equity
Tek-Tax Services
THAKAR Inc.
The Cardiovascular Center
TJ Trucking
TransOne Logistics
United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance
United Way of Northern California
UTC Inc.
V-Day
Voices for Progress
Wasco Dining
Wasco Inn
Wasco Plaza
Workers Strike Back
Over 700 individuals
OPPOSITION: (Verified 8/31/23)
AIM for Seva
Akshaya Patra
Alum Rock Hikers Group
Ambedkar-Phule Network of American Dalits and Bahujans
American Atheists
American Hindu Federation
American Hindus Against Defamation
American Muslim and Multifaith Women’s Empowerment Coalition
Americans for Equality
Americans4Hindus
Annapoorna USA Foundation
Arsha Vidya Pitham
Art of Living in Colorado
Arya Samaj Long Island
Asian American Shop Owners Association
Autumnoaks Sai Devotees Association
Balagokulam LoneHill Chapter
Bangladeshi Minorities in USA
Bay Area Bearcats
Bay Area Bengalis
Bay Area Hindus
Bay Area Vaishnav Parivar
Bay Area Youth Vaishnav Parivar
Bharati Tamil Sangam
Bihar UP Jharkhand United of North America
Chinmaya Mission Los Angeles
Chinmaya Mission West
Chinmaya Mission, San Jose
Coalition of Hindus of North America
Concord Housewives Group
Cornerstone Synergy
Cupertino Action & Advocacy
Dalit Samaj of North America
Dalit-Bahujan Solidarity Network
DalitBahujan.org
Dharma Civilization Foundation Inc.
Drishtikone
Durga Temple of VA
Evergreen Desi Group
Evergreen Spiritual Singing Group
Federation of Hindu Associations
Federation of Hindu Mandirs
Federation of Indo-Americans of Northern California
Folsom Bhajan Group
Folsom Desi Ambedkar Civil Rights Group
Folsom Hindu Temple and Cultural Center
Foothills Desi Sports Association
Foundation for India and Indian Diaspora Studies
Fremont Hindu Temple
Fremont Parents Against Discrimination
Global Kashmiri Pandit Diaspora
GoodKarma CLAT
Gujaratis of North America, Inc.
Gurdwara Guru Kalgidhar Sahib
Gurdwara Sant Sagar
HCS Springfield, Ohio
Hero Life Sciences Inc.
Hindu Advocacy Constituent Committee of San Mateo County
Hindu American Foundation
Hindu American Political Action Committee
Hindu Americans of San Diego
Hindu Business Network
Hindu Community Center
Hindu Community Institute
Hindu Cultural Center
Hindu Mandir Executives’ Conference
Hindu Society of Inland Empire Inc.
Hindu Speakers Bureau
Hindu Teens Association of Roseville
Hindu Temple Dayton
Hindu Temple of Greater Chicago
Hindu Temple of New Hampshire
HinduACTion
HinduPact
Hindus 4 Dignity
Hindus FOR California
Hindus for Equal Rights
Hindus for Harmony
Hindus in North America
Hindus Not Caste-Oppressors
HSS-USA
HumanSense AI Inc.
India Association of Los Angeles
India Awareness Foundation
India Heritage Foundation
IndiaFacts
Indian Americans California
Indian Americans of Irvine and Orange County
Indic Press
Indo American Social Association LLC
Indo-American Community Federation
Interfaith Dialogue Association
InterfaithShaadi
Iron Horse Health and Wellness Group
ISSO LA
Jain Foundation/India Community Center/Simi Valley Mandir
Jain Society of Greater Cleveland
Jaya Hanuman Temple an Cultural Center
Jewish Institute for Liberal Values
Joy and Assoc. DBA Home America
Kailasa San Diego
Kailasa San Diego Hindu University
Kerala Hindus of Northern California
Khalsa Care Foundation
KnowYourRoots Foundation
Let’s Play Badminton Group
Maharishi Valmik Sabha (USA)
Mandir
McAnally Desi Youth Sports Community
Metropolitan Asian Family Services, Inc.
Minimalist Moms
Minority Parents Association, Livermore
Mothers Against BULLYING
Motwani Jadeja Family Foundation
My Temple
National Alliance of Indo-Canadians
Natomas Friends Cultural Group
Natomas Group of Sacramento
Nithyananda Dhynapeetam Temple and Cultural Center
Nris4Bengal
Organization of Hindu Malayalees
Palo Alto for Religious Freedom
Pleasanton Kannada Balaga
Pragnya Cultural Society
RangAmerica
Reiki Group
Rutgers Hindu Yuva
Samskrita Bharati, Fremont CA Chapter
Samskrita Bharati, San Ramon Chapter
San Ramon Health for Humanity Group
Sanatan Mandir San Bruno
Sankara Eye Foundation USA
Satsang Group
Sewa International, Inc.
Shanti Mandir
Shanti om
Shiva Murgan Temple
Shiva Vishnu Temple
Showing Up for Racial Justice
Shree Swaminarayan Satsang Mandal
Shri Guru Ravidass Temple, Yuba City, CA
Shri Yoga Vedanta Ashram
Sikh Temple Gridley – Live Oak
Sikh Temple Gurdwara Yuba City
Silicon Valley Chinese Association
Silicon Valley Interreligious Council
SMAP Foundation
Social Justice Coalition, Livermore
South Asians for Inclusive Progress
Sri Ashtalakshmi Temple
Sri Saibaba Mandir
Sri Satya Narayana Swamy Devasthanam
StandWithUs
Step2StepUp Inc.
The Hindu Bhajan Samiti
The Khalsa Today
TriDevi Sanatan Mandir Inc.
United Indians Association
United States-India Relationship Council
University of Toronto – Hindu Student’s Council
Vaishnav Samaj of Southern California
Vasavi Seva Foundation
Vedic Cultural & Spiritual Center
Vedic Cultural and Spiritual Center of San Diego
Vedic Dharma Samaj/Fremont Hindu Temple
Vedic Education and Devotional Academy
Vedic Sampradaya
Vietnamese American Conservative Association
Vinay Kruttiventi Foundation
Vishwa Hindu Parishad of America – Los Angeles
Washington State and India Trade Relations Action Committee
World Hindu Council of America
Yoga Ascent North America
Yoga Bharati
Over 2,000 individuals
ARGUMENTS IN SUPPORT: According to the co-sponsors of this bill:
California is home to many South Asians who contribute immensely to local education, corporate, and community organizations. Our California members affirm that caste-oppressed families in the state not only experience significant discrimination based on race but caste as well. Caste may not be as visible as race to the California legislature, but it is a longstanding system of exclusion both in our homelands and within intergovernmental bodies like the UN, the EU, and many others…
We ask[] that you stand with and create safe harbors for our caste-oppressed neighbors, friends, co-workers, faith leaders, and family members so that they can safely come out and exercise their rights. Without institutional support and protection, caste-oppressed Californians will endure continued discrimination.
ARGUMENTS IN OPPOSITION: According to the Hindu American Foundation:
Absent a historical or current legal basis to regulate caste in the United States and the lack of an agreed-upon legal, academic or sociological definition, will administrators and the state be asked to rely on India’s laws related to caste and impose foreign laws on those working or residing in California? Or will administrators simply treat people of South Asian origin as presumptively guilty because SB-403 states as much? Will only South Asians be forced to answer intrusive questions about or be judged for who they are married to because the state has defined caste as limited to [marriage]? Or perhaps, will South Asians, unlike members of every other racial or ethnic group, be required by the state or policy administrators to identify as “oppressed” or “oppressor”?
GOVERNOR'S VETO MESSAGE:
This bill would define “ancestry” for purposes of the Fair Employment and Housing Act, the Unruh Act, and the Education Code to include “caste” and other dimensions of ancestry.
In California, we believe everyone deserves to be treated with dignity and respect, no matter who they are, where they come from, who they love, or where they live. That is why California already prohibits discrimination based on sex, race, color, religion, ancestry, national origin, disability, gender identity, sexual orientation, and other characteristics, and state law specifies that these civil rights protections shall be liberally construed. Because discrimination based on caste is already prohibited under these existing categories, this bill is unnecessary.
ASSEMBLY FLOOR: 55-3, 8/28/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Friedman, Gabriel, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Ramos, Reyes, Luz Rivas, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Megan Dahle, Vince Fong, Hoover
NO VOTE RECORDED: Alanis, Berman, Boerner, Cervantes, Chen, Davies, Dixon, Essayli, Flora, Gallagher, Garcia, Lackey, Low, Mathis, McCarty, Jim Patterson, Joe Patterson, Quirk-Silva, Rendon, Rodriguez, Ta, Wallis
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
10/19/23 11:06:03
**** END ****
For example, some legal scholars argue that caste can be considered a form of race for purposes of the federal Title VII and Section 1981 anti-discrimination laws. (Brown et al., Does U.S. Federal Employment Law Now Cover Caste Discrimination Based on Untouchability? If All Else Fails There Is The Possible Application of Bostock v. Clayton County, 46 N.Y.U. Rev. of Law & Social Change 117, 125.) ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 403 |
UNFINISHED BUSINESS
Bill No: SB 403
Author: Wahab (D), et al.
Amended: 8/24/23
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 4/25/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 34-1, 5/11/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NOES: Jones
NO VOTE RECORDED: Becker, Dahle, Grove, Nguyen, Seyarto
ASSEMBLY FLOOR: 55-3, 8/28/23 - See last page for vote
SUBJECT: Discrimination on the basis of ancestry
SOURCE: Alphabet Workers Union – Communication Workers of America
Ambedkar Association of North America
Asian Pacific American Labor Alliance
Equality Labs
Hindus for Caste Equity
Jakarta Movement
Sikh American Legal Defense and Education Fund
Sikh Coalition
South Asian Network
Tech Equity Collaborative
DIGEST:
This bill clarifies that discrimination on the basis of caste, as defined, is prohibited as a form of discrimination on the basis of ancestry under existing anti-discrimination statutes; and adds a prohibition on the basis of ancestry to existing anti-discrimination provisions under the Education Code.
Assembly Amendments
remove most of the bill’s findings and declarations; move the prohibition on discrimination on the basis of caste into the existing prohibition on the basis of ancestry, which is defined to include, among other things, lineal descent, heritage, parentage, caste, or any other inherited social status; and add chaptering-out amendments to avoid a conflict with AB 524 (Wicks, 2023).
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. (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.)
- Provides that no person in the State shall, on the basis of their actual or perceived sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state, including at the California State University. (Gov. Code, § 11135.)
- Establishes the Fair Employment and Housing Act (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.)
- Establishes the Civil Rights Department (CRD) (formerly DFEH), which is tasked with enforcing California’s civil rights laws, issuing publications that will tend to minimize or eliminate prohibited discrimination, providing assistance to communities and persons in resolving disputes relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, reproductive health decisionmaking, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. (Gov. Code, §§ 12930, 12931.)
This bill:
- Adds, to 2), a prohibition on discrimination on the basis of ancestry.
- Defines “ancestry,” for purposes of 1)-5), above, as including, but not limited to, lineal descent, heritage, parentage, caste, or any inherited social status; and states that nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
- Defines “caste,” for purposes of 1)-5), above, as an individual’s perceived position in a system of social stratification on the basis of inherited status; a system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
- Includes chaptering-out amendments to prevent a conflict with AB 524 (Wicks, 2023).
Comments
This bill clarifies that discrimination on the basis of caste is prohibited under the Unruh Civil Rights Act, state laws prohibiting discrimination in publicly funded programs and public education, and FEHA. Specifically, as amended in the Assembly, this bill defines “ancestry,” which is already a protected category, to include lineal descent, heritage, parentage, caste, or any inherited social status. This bill further defines “caste” as a person’s perceived position in a system of social stratification on the basis of inherited status; a caste system may be characterized by factors that may include, but are not limited to: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status. Because caste can intersect with, and incorporate, existing concepts of race and color, ethnicity, and national origin,[1] this bill also clarifies that a person may allege discrimination on the basis of ancestry in combination with discrimination on other bases. This bill also adds “ancestry,” along with the definitions of “ancestry” and “caste,” to the existing anti-discrimination laws covering the provision of rights and opportunities in public schools.
These changes are intended to provide additional clarity to businesses, employers, and schools about what forms of discrimination are prohibited. While it may seem clear to some that caste is already protected, the reports of caste-based discrimination in the state suggest that employers and other entities are not adequately protecting against this form of discrimination in the absence of a specific statutory reference to caste.
Although caste systems are hierarchical, this bill’s definition of “caste” establishes a neutral approach to the nature of caste-based discrimination: “caste” includes anyone’s perceived position in a caste system, thereby prohibiting discrimination regardless of whether the position is considered a “high” position or a “low” position in the hierarchy. Accordingly, a person who experienced discrimination because someone believed they were in a dominant caste would have just as much of a claim as a person who experienced discrimination because it was believed they were a member of a historically disfavored caste. Similarly, this bill does not require either the discriminator or the victim of discrimination to identify as being a member of a caste system; a person who believed they were not part of a caste system could still violate the laws if they discriminated against a person based on their understanding of the person’s caste, and the person who experienced discrimination need not identify as a member of a caste system as long as they can prove that they were discriminated against as a result of their perceived membership. The bill is also neutral in that it applies to all caste systems, regardless of the origin of the system.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, this bill will incur minor state costs, if any, because discrimination on the basis of caste is already prohibited under California law.
SUPPORT: (Verified 8/31/23)
Alphabet Workers Union – Communication Workers of America (co-source)
Ambedkar Association of North America (co-source)
Asian Pacific American Labor Alliance (co-source)
Equality Labs (co-source)
Hindus for Caste Equity (co-source)
Jakarta Movement (co-source)
Sikh American Legal Defense and Education Fund (co-source)
Sikh Coalition (co-source)
South Asian Network (co-source)
Tech Equity Collaborative (co-source)
5B Corp.
99 Plus Mart
A1 Food Store
AAPI Equity Alliance
ACLU California Action
AK Market
AK Trucking
Alameda County Democratic Party, Central Committee
Ambedkar International Center
Ambedkar International Co-Ordination Society
Ambedkar International Mission Center Houston, USA
Ambedkar International Mission Society, Calgary
Ambedkar International Social Reform Organization
Ambedkar International Social Reform Organization, Canada
Ambedkar King Study Circle
Ambedkar Times
Ambedkarite Buddhist Association of Texas
Ambedkarites International Mission Society – Canada
America Golden Property LLC
American Ethnic Ministries
American Gundwara Parbandhak Committee
Americans Against Caste Discrimination
Amrik Chand CPA
Ana Truck Line
Angelo’s Pizza & Wings
Arco Broadway
Asian American Disinformation Table
Asian Americans Advancing Justice – Asian Law Caucus
Asian Pacific Environmental Network
Banger Trucking
Begumpura Cultural Society of New York
Bend the Arc: Jewish Action California
Bhim International Foundation USA/Shri Guru Ravidass Sabha
Boston South Asian Coalition
Boston Study Group
Bottles Up
CA Plaza
California Asian Pacific American Bar Association
California Association of Human Relations Commissions
California Coalition for Community Investment
California Democratic Party
California Employment Lawyers Association
California Environmental Voters
California Faculty Association
California Immigrant Policy Center
California Labor Federation
California Mini Mart
Californians for Caste Equity
Carson Inn
Caste Equity Legal Task Force
Center for Empowering Refugees and Immigrants
Chanan G Corporation
Cheaper Cigarette Store
Chetna Association of Canada
Circle A. Auto Service Center
Circle Food Store Inc.
City of Alameda
Coalition of Americans for Pluralism in India
Coalition of Seattle Indian Americans
Coalition of Sikh Communities Across California
Consumer Attorneys of California
Contra Costa Asian American Pacific Islander Coalition
Council on American-Islamic Relations, California
Culver City Democratic Club
Curry Land
Dalit Solidarity Forum
Days Inn Lost Hills
Democratic Party of Contra Costa County
Desh Doaba
DFW Shri Guru Ravidass Organization, Mesquite, TX
Dhamma Waves
Diamond Services CA LLC
Discount Plus Mart
Dr. Ambedkar International Mission, Toronto
Dr. B.R. Ambedkar Educational Aid Society, Fremont, CA
Dr. Cornel West
East Bay for Everyone
East Bay YIMBY
East Bay Young Democrats
Economy Inn Suites, Bakersfield, CA
Ek Panth Ek Soch
Federation of Indian American Ambedkarities of Bay Area
Feminist Critical Hindu Studies Collective
FGS Trucking Inc.
First United Methodist Church of Redding, Anti-racism Task Force
Friends for Education International
Global Bahujan Group
Global NRI Forum
Golden Eagle Property LLC
Grandhaven Laundromat
Great Truth
Gudwara Guru Angad Darbar, Inc.
Gurdwara Gur Nanak Parkash
Gurdwara Gurmat Parkash (Manteca)
Gurdwara Matsuana Sahib, Yuba City
Gurdwara Sacramento Sikh Society
Gurdwara Sahib Fremont
Gurdwara Sahib Hayward
Gurdwara Sri Sachkand Sahib
Gurdwara Sukh Sagar Sahib
Hanford Gas
Har Trans LLC
Harbans Singh Plaza
Health & Life Insurance
Hidden Leaf Foundation
Hindus for Human Rights
HK Parnership
HMH Property LLC
Holiday Inn Express Delano
Hot Box Smok [sic] Shop
HR Plaza
I. Korotania Inc.
India Civil Watch International
Indian American Muslim Council
International Bahujan Organization
International Bajuhan Organization CA
International Bodhisattva Guru Ravidass Organization Inc.
Jassal Trans Inc.
JK Liquor Mart
JK Smoke Shop
JS Construction B Development
K & K Laundromat
K & K Quick Stop
K & K Valero
Kaur Ryan Trucking Inc.
KB Used Auto Sales
King’s Market
King’s Smoke Shop
Korean Community Center of the East Bay
Kumar Investments
Land Park Chevron
Latine Young Democrats of the East Bay
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
Legal Aid at Work
Love Never Fails
M & J’s Smoke Shop
Majestic Homes
Majitpal Singh Inc.
Mario’s Auto Repair
Mazik Smoke Shop
me too. International
Mental Health Professionals for Caste Equity and Healing
MGM Tobacco and Mini Mart
MHC Trans Inc.
NAACP Hayward South Alameda County
Nanaksar Darbar Langar Mata Sahib Kaur Ji, Inc.
National Academic Coalition for Caste Equity
National Asian Pacific American Bar Association
National Association of Social Workers – California Chapter
New Gen Corp.
New Look Threading Salon
Nibbana Healthcare Inc.
Organizing for Action Contra Costa
Pacific Coast Khalsa Diwan Society
Pacific State Hospitality LLC
Paragon Medical Management Group
Paul’s Food Fair Inc.
Peace and Freedom Party of California
Periyar Ambedkar Study Circle
Periyar International USA
Port of Subs
Power in Education
Proud Ravidassia Global Organization
Punjabi American Heritage Society – Roseville
R & M Brothers Transport LLC
R&R Management Services Inc.
Radha Swami Rasila Satsang Center, Fresno, CA
Road King Express
RZ Smoke Shop
Sahayaatra International Alliance for Social Justice
Saman Sangh – Om Prakash
San Francisco Bay Area Tamil Mandram
Sanford Heisler Sharp, LLP
Santa Clara County Democratic Party
Santa Monica Democratic Club
SBN Trucking
Seattle Councilmember Ksharma Sawant
Shaheed Baba Deep Singh Khalsa Darbar
Shasta County Citizens Advocating Respect
Sheru Transport Inc.
Shri Guru Ravidass Sabha, Fresno, CA
Shri Guru Ravidass Sabha, New York
Shri Guru Ravidass Temple, Pittsburgh, CA
Shri Guru Ravidass Temple, Rio Linda, CA
Shri Guru Ravidass Temple, Selma, CA
Shri Guru Ravidass Temple, Union City, CA
Sikh Center of Pacific Coast
Sikh Community Center
Sikh Gurdwara – San Jose
Sikh Gurdwara Sahib SF
Sikh Society of Central Contra Costa, Sarab Sanjah Gurdwara
Sikh Temple of Bakersfield
Sikh Temple Turlock
Silicon Valley Gurdwara
Sobha Road Service
Socialist Alternative – Bay Area
Sohi Momi Partnership
Sood Trucking Inc.
South Asia Scholar Activist Collective
South Asian Bar Association of North America
South Asian Coalition to Renew Democracy
South Asian Dalit Adivasi Network, Canada
South Asian Left Activist Movement
South Asian SOAR
Southern Asian Bar Association of North America
SP Baler Trans Inc.
Sri Guru Nanak Sikh Temple
Sri Guru Ravidass Sabha Ontario
Sri Guru Ravidass Society, Calgary
Stop AAPI Hate
Subway # 24692
Subway # 30212
Tech Workers for Caste Equity
Tek-Tax Services
THAKAR Inc.
The Cardiovascular Center
TJ Trucking
TransOne Logistics
United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance
United Way of Northern California
UTC Inc.
V-Day
Voices for Progress
Wasco Dining
Wasco Inn
Wasco Plaza
Workers Strike Back
Over 700 individuals
OPPOSITION: (Verified 8/31/23)
AIM for Seva
Akshaya Patra
Alum Rock Hikers Group
Ambedkar-Phule Network of American Dalits and Bahujans
American Atheists
American Hindu Federation
American Hindus Against Defamation
American Muslim and Multifaith Women’s Empowerment Coalition
Americans for Equality
Americans4Hindus
Annapoorna USA Foundation
Arsha Vidya Pitham
Art of Living in Colorado
Arya Samaj Long Island
Asian American Shop Owners Association
Autumnoaks Sai Devotees Association
Balagokulam LoneHill Chapter
Bangladeshi Minorities in USA
Bay Area Bearcats
Bay Area Bengalis
Bay Area Hindus
Bay Area Vaishnav Parivar
Bay Area Youth Vaishnav Parivar
Bharati Tamil Sangam
Bihar UP Jharkhand United of North America
Chinmaya Mission Los Angeles
Chinmaya Mission West
Chinmaya Mission, San Jose
Coalition of Hindus of North America
Concord Housewives Group
Cornerstone Synergy
Cupertino Action & Advocacy
Dalit Samaj of North America
Dalit-Bahujan Solidarity Network
DalitBahujan.org
Dharma Civilization Foundation Inc.
Drishtikone
Durga Temple of VA
Evergreen Desi Group
Evergreen Spiritual Singing Group
Federation of Hindu Associations
Federation of Hindu Mandirs
Federation of Indo-Americans of Northern California
Folsom Bhajan Group
Folsom Desi Ambedkar Civil Rights Group
Folsom Hindu Temple and Cultural Center
Foothills Desi Sports Association
Foundation for India and Indian Diaspora Studies
Fremont Hindu Temple
Fremont Parents Against Discrimination
Global Kashmiri Pandit Diaspora
GoodKarma CLAT
Gujaratis of North America, Inc.
Gurdwara Guru Kalgidhar Sahib
Gurdwara Sant Sagar
HCS Springfield, Ohio
Hero Life Sciences Inc.
Hindu Advocacy Constituent Committee of San Mateo County
Hindu American Foundation
Hindu American Political Action Committee
Hindu Americans of San Diego
Hindu Business Network
Hindu Community Center
Hindu Community Institute
Hindu Cultural Center
Hindu Mandir Executives’ Conference
Hindu Society of Inland Empire Inc.
Hindu Speakers Bureau
Hindu Teens Association of Roseville
Hindu Temple Dayton
Hindu Temple of Greater Chicago
Hindu Temple of New Hampshire
HinduACTion
HinduPact
Hindus 4 Dignity
Hindus FOR California
Hindus for Equal Rights
Hindus for Harmony
Hindus in North America
Hindus Not Caste-Oppressors
HSS-USA
HumanSense AI Inc.
India Association of Los Angeles
India Awareness Foundation
India Heritage Foundation
IndiaFacts
Indian Americans California
Indian Americans of Irvine and Orange County
Indic Press
Indo American Social Association LLC
Indo-American Community Federation
Interfaith Dialogue Association
InterfaithShaadi
Iron Horse Health and Wellness Group
ISSO LA
Jain Foundation/India Community Center/Simi Valley Mandir
Jain Society of Greater Cleveland
Jaya Hanuman Temple an Cultural Center
Jewish Institute for Liberal Values
Joy and Assoc. DBA Home America
Kailasa San Diego
Kailasa San Diego Hindu University
Kerala Hindus of Northern California
Khalsa Care Foundation
KnowYourRoots Foundation
Let’s Play Badminton Group
Maharishi Valmik Sabha (USA)
Mandir
McAnally Desi Youth Sports Community
Metropolitan Asian Family Services, Inc.
Minimalist Moms
Minority Parents Association, Livermore
Mothers Against BULLYING
Motwani Jadeja Family Foundation
My Temple
National Alliance of Indo-Canadians
Natomas Friends Cultural Group
Natomas Group of Sacramento
Nithyananda Dhynapeetam Temple and Cultural Center
Nris4Bengal
Organization of Hindu Malayalees
Palo Alto for Religious Freedom
Pleasanton Kannada Balaga
Pragnya Cultural Society
RangAmerica
Reiki Group
Rutgers Hindu Yuva
Samskrita Bharati, Fremont CA Chapter
Samskrita Bharati, San Ramon Chapter
San Ramon Health for Humanity Group
Sanatan Mandir San Bruno
Sankara Eye Foundation USA
Satsang Group
Sewa International, Inc.
Shanti Mandir
Shanti om
Shiva Murgan Temple
Shiva Vishnu Temple
Showing Up for Racial Justice
Shree Swaminarayan Satsang Mandal
Shri Guru Ravidass Temple, Yuba City, CA
Shri Yoga Vedanta Ashram
Sikh Temple Gridley – Live Oak
Sikh Temple Gurdwara Yuba City
Silicon Valley Chinese Association
Silicon Valley Interreligious Council
SMAP Foundation
Social Justice Coalition, Livermore
South Asians for Inclusive Progress
Sri Ashtalakshmi Temple
Sri Saibaba Mandir
Sri Satya Narayana Swamy Devasthanam
StandWithUs
Step2StepUp Inc.
The Hindu Bhajan Samiti
The Khalsa Today
TriDevi Sanatan Mandir Inc.
United Indians Association
United States-India Relationship Council
University of Toronto – Hindu Student’s Council
Vaishnav Samaj of Southern California
Vasavi Seva Foundation
Vedic Cultural & Spiritual Center
Vedic Cultural and Spiritual Center of San Diego
Vedic Dharma Samaj/Fremont Hindu Temple
Vedic Education and Devotional Academy
Vedic Sampradaya
Vietnamese American Conservative Association
Vinay Kruttiventi Foundation
Vishwa Hindu Parishad of America – Los Angeles
Washington State and India Trade Relations Action Committee
World Hindu Council of America
Yoga Ascent North America
Yoga Bharati
Over 2,000 individuals
ARGUMENTS IN SUPPORT: According to the co-sponsors of this bill:
California is home to many South Asians who contribute immensely to local education, corporate, and community organizations. Our California members affirm that caste-oppressed families in the state not only experience significant discrimination based on race but caste as well. Caste may not be as visible as race to the California legislature, but it is a longstanding system of exclusion both in our homelands and within intergovernmental bodies like the UN, the EU, and many others…
We ask[] that you stand with and create safe harbors for our caste-oppressed neighbors, friends, co-workers, faith leaders, and family members so that they can safely come out and exercise their rights. Without institutional support and protection, caste-oppressed Californians will endure continued discrimination.
ARGUMENTS IN OPPOSITION: According to the Hindu American Foundation:
Absent a historical or current legal basis to regulate caste in the United States and the lack of an agreed-upon legal, academic or sociological definition, will administrators and the state be asked to rely on India’s laws related to caste and impose foreign laws on those working or residing in California? Or will administrators simply treat people of South Asian origin as presumptively guilty because SB-403 states as much? Will only South Asians be forced to answer intrusive questions about or be judged for who they are married to because the state has defined caste as limited to [marriage]? Or perhaps, will South Asians, unlike members of every other racial or ethnic group, be required by the state or policy administrators to identify as “oppressed” or “oppressor”?
ASSEMBLY FLOOR: 55-3, 8/28/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Friedman, Gabriel, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Ramos, Reyes, Luz Rivas, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Megan Dahle, Vince Fong, Hoover
NO VOTE RECORDED: Alanis, Berman, Boerner, Cervantes, Chen, Davies,
Dixon, Essayli, Flora, Gallagher, Garcia, Lackey, Low, Mathis, McCarty, Jim Patterson, Joe Patterson, Quirk-Silva, Rendon, Rodriguez, Ta, Wallis
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
8/31/23 16:18:07
**** END ****
For example, some legal scholars argue that caste can be considered a form of race for purposes of the federal Title VII and Section 1981 anti-discrimination laws. (Brown et al., Does U.S. Federal Employment Law Now Cover Caste Discrimination Based on Untouchability? If All Else Fails There Is The Possible Application of Bostock v. Clayton County, 46 N.Y.U. Rev. of Law & Social Change 117, 125.) ↑
SENATE THIRD READING
STR Bill Id:SB 403
Author:(Wahab)
As Amended Ver:August 24, 2023
Majority vote
SUMMARY
Defines "ancestry" to include "caste," thereby making caste, as defined, a protected characteristic under the state's anti-discrimination.
Major Provisions
- Defines "ancestry" to include "caste" for purposes of defining protected characteristics in the Unruh Civil Rights Act, The Fair Employment and Housing Act, and anti-discrimination provisions of the Education Code.
- Defines caste to mean an individual's perceived position in a system of social stratification on the basis of inherited status.
- Specifies that "a system of social stratification on the basis of inherited status," for purposes of the above, may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
COMMENTS
Existing anti-discrimination laws. California's Unruh Civil Rights Act, the Fair Employment and Housing Act (FEHA), and provisions of the Education Code prohibit discrimination on the basis of enumerated "protected characteristics." While the lists of protected characteristics are not identical, they are quite similar, including, among other things, "sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status." (See e.g. Civil Code Section 51.) Provisions of the Government Code, which includes FEHA, prohibit a similar list of protected characteristics in different sections prohibiting discrimination in employment, housing, and participation in state-funded programs. (See Government Code Sections 11135, 12940, and 12955.) Finally, provisions of the Education Code prohibit discrimination 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. (See especially Education Code Section 200 et seq.)
This bill would define "ancestry" in existing anti-discrimination statutes to include "caste." The bill defines "caste" to mean "an individual's perceived position in a system of social stratification on the basis of inherited status," specifying further that "a system of social stratification on the basis of inherited status" may be characterized by factors that include inability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status. Finally, the bill declares that its provisions are "declarative and clarifying" of existing law, because the Civil Rights Department already assumes that "caste" is included within other protected characteristics and the court confirmed that interpretation.
Evidence of "caste" discrimination in California. Equality Labs, the bill's primary sponsor, conducted a survey of Americans of South Asian descent and their experience with caste discrimination. Based on interviews with Americans of South Asian descent, the survey found that 25% of caste-oppressed Dalits (the lowest caste once referred to as "untouchables") experienced verbal or physical assault because of their caste, and one-third of Dalit students have experienced caste-based discrimination during the course of their education. "Even more alarming," according to the co-sponsors of this bill, two-thirds of Dalits reported experiencing discrimination in the workplace. Although workplace discrimination apparently exists across the occupational spectrum, many of the letters submitted by supporters point in particular to Silicon Valley and the "tech industry." For example, the Tech-Equity Collaborative, a co-sponsor, claims that perhaps "no industry has shown the most complaints related to caste than the tech industry." Tech-Equity cites several articles that appear to reinforce this claim.
Some high-technology companies – but apparently not all – have admitted that a problem exists and have begun to take corrective steps. Indeed, a recent report by the Reuters news organization began by stating that "America's tech giants are taking a modern-day crash course in India's ancient caste system, with Apple emerging as an early leader in policies to rid Silicon Valley of a rigid hierarchy that's segregated Indians for generations." According to the report, Apple updated its general employee conduct policy in 2020 to explicitly prohibit discrimination on the basis of caste, adding it to existing categories, including race, religion, gender, age, and ancestry. The report claimed that India has become the technology sector's "top source of skilled foreign workers," implying that Indian workers bring ideas about caste with them (a claim the opponents of this bill dispute). Reuters spoke to "about two dozen Dalit tech workers in the United States who said discrimination had followed them overseas." The workers reported that "caste cues," including last names, hometowns, diets and religious practices, "had led to colleagues bypassing them in hiring, promotions and social activities." ("Caste in California: Tech giants confront ancient Indian hierarchy," Reuters.com August 15, 2022.)
Objections to the inclusion of "caste" in California statutes. Opponents of the bill contend that inserting "caste" in state law unfairly singles out South Asians and reinforces stereotypes about Hinduism, which opponents claim are no longer warranted, or at least not to the extent suggested by the supporters. Opponents are unpersuaded by claims that the definition of "caste" in the bill is facially neutral and could be applied to any caste system in many parts of the world. Even if the word "caste" may be used to describe other forms of social stratification and oppression, the opponents argue, caste is historically associated with South Asians, and Hindus in particular. Popular dictionary definitions, encyclopedia entries, and even the California social science standards, opponents claim, routinely associate caste primarily with South Asians and Hindus. Indeed, however broadly the bill in print might define the term, the letters and background information provided to the Judiciary Committee by the author and supporters reinforce the association of caste and South Asians. The Equality Labs survey, according to its own description, interviewed persons of South Asian descent. The executive summary of the survey posted on the Equality Labs website states that as members of "the South Asian American community [Equality Labs is] uniquely situated to redeem the errors of history" around caste. The website that introduces the survey asserts that there are "four main caste groups," and then proceeds to list the four castes associated with Hinduism. It defines caste as "a system of religiously codified exclusion that was established in Hindu scripture." Even when noting that caste is not limited to the Indian subcontinent, it states that "caste has been found wherever South Asian migrants go." If the opponents are wrongly associating this bill's use of "caste" with South Asians, then some of the supporters own statements may be providing grist for the mill.
According to the Author
Caste systems exist across the globe and have a long-standing existence in California that predates the waves of migration from South Asia. In my district, I continue to hear about caste discrimination experienced by Dalit women which affirms the importance of this bill. Adding caste to existing protections increases access to resources, cultural competency for agencies and organizations, and empowers individuals experiencing caste discrimination. Depending on an individual's primary language and cultural background, they may use a word other than caste to describe their experience, however the word we use in the English-language to describe a system of social stratification is caste. That is why the inclusion of that word is important; it has a meaning.
Existing anti-discrimination laws are inclusive of caste discrimination, however there is an inequitable application of the law because caste is not expressly stated in our laws. When someone has a claim of caste discrimination, the strength of their evidence may not be sufficient if the presiding judge decides current laws are not inclusive of caste discrimination. This is why we must expressly state caste discrimination is prohibited in California.
Arguments in Support
The California Labor Federation (CLF) supports SB 403 because it is a "historic effort to end caste discrimination in the State of California." CLF elaborates:
Caste-oppressed South Asians experience some of the highest rates of discrimination in the United States. Working class and undocumented caste-oppressed Californians are in even more precarious positions, as they struggle with exclusion from immigrant networks and the post-traumatic stress of leaving their homelands behind as they settle in California to escape caste violence.
Freedom from caste discrimination is inextricably tied to workers' rights. In California, caste discrimination occurs across industries, including technology, education, construction, restaurants, domestic work, and medicine. Caste discrimination against Dalits – people referred to as "untouchables" by dominant castes – has included bullying, harassment, bias, wage theft, sexual harassment, and even trafficking. A 2018 survey by Dalit civil rights organization Equality Labs found that 1 in 4 Dalit Americans experienced verbal or physical assault because of their caste, and 1 in 3 Dalit students reported experiencing discrimination during the course of their education. Even more alarming was that 2 out of 3 Dalits reported experiencing caste discrimination in their workplaces.
SB 403 states that individuals are protected from discrimination based on their caste or perceived caste. By taking action to clarify existing protections for caste oppressed Californians, SB 403 will be a positive step forward to end caste discrimination and will send a message that everyone deserves to be treated with dignity and respect.
The California Labor Federation views caste equity as one of the many issues we must address for workers to achieve equal rights and justice alongside all Californians.
Arguments in Opposition
The Hindu American Foundation opposes this bill "both its legislative intent and impact will result in an unconstitutional denial of equal protection and due process to South Asians (the vast majority of whom are of Indian origin) and other vulnerable ethnic communities. SB 403 unfairly maligns, targets and racially profiles select communities on the basis of their national origin, ethnicity and ancestry for disparate treatment, thereby violating the very laws it seeks to amend, the Unruh Civil Rights Act. It further violates Title VII of the Civil Rights Act of 1964 and the US and California State Constitutions."
The Ambedkar-Phule Network of American Dalits and Bahujans (APNA) contends that SB 403 is a "misinformed bill [that] is pushing hate in the name of stopping hate." APNA, an organization of Dalits and Bahujans, contends, as a preliminary matter, that the supporters of the bill "do not speak for us -– the Dalits and Bahujans, the alleged victims," claiming that the bill was introduced without any "community consultation" and without gathering "reliable data" on the subject. "It is," APNA writes, "merely a rush to legislate, carried by a marketing campaign fueled by emotional rhetoric." Finally, APNA contends that "SB 403 unfairly maligns, targets and racially profiles all South Asians . . . on the basis of our national origin, ethnicity and ancestry for disparate treatment, thereby violating the very laws it seeks to amend, the Unruh Civil Rights Act."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, minor state costs, if any. As discussed below [in the Assembly Appropriations analysis], discrimination on the basis of caste is already prohibited under California law. The Civil Rights Department (CRD) reports that it receives and processes relatively few complaints expressly related to caste discrimination and expects any increase in complaints resulting from this bill to be absorbable by the department.
VOTES
SENATE FLOOR: 34-1-5
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO: Jones
ABS, ABST OR NV: Becker, Dahle, Grove, Nguyen, Seyarto
ASM JUDICIARY: 9-0-2
YES: Maienschein, Connolly, Haney, Kalra, Pacheco, Papan, Reyes, Sanchez, McKinnor
ABS, ABST OR NV: Essayli, Dixon
ASM APPROPRIATIONS: 13-1-2
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Sanchez, Soria, Weber, Wilson
NO: Megan Dahle
ABS, ABST OR NV: Dixon, Mathis
UPDATED
VERSION: August 24, 2023
CONSULTANT: Tom Clark / JUD. / (916) 319-2334 FN: 0001313
SENATE THIRD READING
STR Bill Id:SB 403
Author:(Wahab)
As Amended Ver:July 10, 2023
Majority vote
SUMMARY
Defines "ancestry" to include "caste," thereby making caste, as defined, a protected characteristic under the state's anti-discrimination.
Major Provisions
- Defines "ancestry" to include "caste" for purposes of defining protected characteristics in the Unruh Civil Rights Act, The Fair Employment and Housing Act, and anti-discrimination provisions of the Education Code.
- Defines caste to mean an individual's perceived position in a system of social stratification on the basis of inherited status.
- Specifies that "a system of social stratification on the basis of inherited status," for purposes of the above, may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
COMMENTS
Existing anti-discrimination laws. California's Unruh Civil Rights Act, the Fair Employment and Housing Act (FEHA), and provisions of the Education Code prohibit discrimination on the basis of enumerated "protected characteristics." While the lists of protected characteristics are not identical, they are quite similar, including, among other things, "sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status." (See e.g. Civil Code Section 51.) Provisions of the Government Code, which includes FEHA, prohibit a similar list of protected characteristics in different sections prohibiting discrimination in employment, housing, and participation in state-funded programs. (See Government Code Sections 11135, 12940, and 12955.) Finally, provisions of the Education Code prohibit discrimination 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. (See especially Education Code Section 200 et seq.)
This bill would define "ancestry" in existing anti-discrimination statutes to include "caste." The bill defines "caste" to mean "an individual's perceived position in a system of social stratification on the basis of inherited status," specifying further that "a system of social stratification on the basis of inherited status" may be characterized by factors that include inability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status. Finally, the bill declares that its provisions are "declarative and clarifying" of existing law, because the Civil Rights Department already assumes that "caste" is included within other protected characteristics and the court confirmed that interpretation.
Evidence of "caste" discrimination in California. Equality Labs, the bill's primary sponsor, conducted a survey of Americans of South Asian descent and their experience with caste discrimination. Based on interviews with Americans of South Asian descent, the survey found that 25% of caste-oppressed Dalits (the lowest caste once referred to as "untouchables") experienced verbal or physical assault because of their caste, and one-third of Dalit students have experienced caste-based discrimination during the course of their education. "Even more alarming," according to the co-sponsors of this bill, two-thirds of Dalits reported experiencing discrimination in the workplace. Although workplace discrimination apparently exists across the occupational spectrum, many of the letters submitted by supporters point in particular to Silicon Valley and the "tech industry." For example, the Tech-Equity Collaborative, a co-sponsor, claims that perhaps "no industry has shown the most complaints related to caste than the tech industry." Tech-Equity cites several articles that appear to reinforce this claim.
Some high-technology companies – but apparently not all – have admitted that a problem exists and have begun to take corrective steps. Indeed, a recent report by the Reuters news organization began by stating that "America's tech giants are taking a modern-day crash course in India's ancient caste system, with Apple emerging as an early leader in policies to rid Silicon Valley of a rigid hierarchy that's segregated Indians for generations." According to the report, Apple updated its general employee conduct policy in 2020 to explicitly prohibit discrimination on the basis of caste, adding it to existing categories, including race, religion, gender, age, and ancestry. The report claimed that India has become the technology sector's "top source of skilled foreign workers," implying that Indian workers bring ideas about caste with them (a claim the opponents of this bill dispute). Reuters spoke to "about two dozen Dalit tech workers in the United States who said discrimination had followed them overseas." The workers reported that "caste cues," including last names, hometowns, diets and religious practices, "had led to colleagues bypassing them in hiring, promotions and social activities." ("Caste in California: Tech giants confront ancient Indian hierarchy," Reuters.com August 15, 2022.)
Objections to the inclusion of "caste" in California statutes. Opponents of the bill contend that inserting "caste" in state law unfairly singles out South Asians and reinforces stereotypes about Hinduism, which opponents claim are no longer warranted, or at least not to the extent suggested by the supporters. Opponents are unpersuaded by claims that the definition of "caste" in the bill is facially neutral and could be applied to any caste system in many parts of the world. Even if the word "caste" may be used to describe other forms of social stratification and oppression, the opponents argue, caste is historically associated with South Asians, and Hindus in particular. Popular dictionary definitions, encyclopedia entries, and even the California social science standards, opponents claim, routinely associate caste primarily with South Asians and Hindus. Indeed, however broadly the bill in print might define the term, the letters and background information provided to the Judiciary Committee by the author and supporters reinforce the association of caste and South Asians. The Equality Labs survey, according to its own description, interviewed persons of South Asian descent. The executive summary of the survey posted on the Equality Labs website states that as members of "the South Asian American community [Equality Labs is] uniquely situated to redeem the errors of history" around caste. The website that introduces the survey asserts that there are "four main caste groups," and then proceeds to list the four castes associated with Hinduism. It defines caste as "a system of religiously codified exclusion that was established in Hindu scripture." Even when noting that caste is not limited to the Indian subcontinent, it states that "caste has been found wherever South Asian migrants go." If the opponents are wrongly associating the bill's use of "caste" with South Asians, then some of the supporters own statements may be providing grist for the mill.
According to the Author
Caste systems exist across the globe and have a long-standing existence in California that predates the waves of migration from South Asia. In my district, I continue to hear about caste discrimination experienced by Dalit women which affirms the importance of this bill. Adding caste to existing protections increases access to resources, cultural competency for agencies and organizations, and empowers individuals experiencing caste discrimination. Depending on an individual's primary language and cultural background, they may use a word other than caste to describe their experience, however the word we use in the English-language to describe a system of social stratification is caste. That is why the inclusion of that word is important; it has a meaning.
Existing anti-discrimination laws are inclusive of caste discrimination, however there is an inequitable application of the law because caste is not expressly stated in our laws. When someone has a claim of caste discrimination, the strength of their evidence may not be sufficient if the presiding judge decides current laws are not inclusive of caste discrimination. This is why we must expressly state caste discrimination is prohibited in California.
Arguments in Support
The California Labor Federation (CLF) supports SB 403 because it is a "historic effort to end caste discrimination in the State of California." CLF elaborates:
Caste-oppressed South Asians experience some of the highest rates of discrimination in the United States. Working class and undocumented caste-oppressed Californians are in even more precarious positions, as they struggle with exclusion from immigrant networks and the post-traumatic stress of leaving their homelands behind as they settle in California to escape caste violence.
Freedom from caste discrimination is inextricably tied to workers' rights. In California, caste discrimination occurs across industries, including technology, education, construction, restaurants, domestic work, and medicine. Caste discrimination against Dalits—people referred to as "untouchables" by dominant castes—has included bullying, harassment, bias, wage theft, sexual harassment, and even trafficking. A 2018 survey by Dalit civil rights organization Equality Labs found that 1 in 4 Dalit Americans experienced verbal or physical assault because of their caste, and 1 in 3 Dalit students reported experiencing discrimination during the course of their education. Even more alarming was that 2 out of 3 Dalits reported experiencing caste discrimination in their workplaces.
SB 403 states that individuals are protected from discrimination based on their caste or perceived caste. By taking action to clarify existing protections for caste oppressed Californians, SB 403 will be a positive step forward to end caste discrimination and will send a message that everyone deserves to be treated with dignity and respect.
The California Labor Federation views caste equity as one of the many issues we must address for workers to achieve equal rights and justice alongside all Californians.
Arguments in Opposition
The Hindu American Foundation opposes this bill "both its legislative intent and impact will result in an unconstitutional denial of equal protection and due process to South Asians (the vast majority of whom are of Indian origin) and other vulnerable ethnic communities. SB 403 unfairly maligns, targets and racially profiles select communities on the basis of their national origin, ethnicity and ancestry for disparate treatment, thereby violating the very laws it seeks to amend, the Unruh Civil Rights Act. It further violates Title VII of the Civil Rights Act of 1964 and the US and California State Constitutions."
The Ambedkar-Phule Network of American Dalits and Bahujans (APNA) contends that SB 403 is a "misinformed bill [that] is pushing hate in the name of stopping hate." APNA, an organization of Dalits and Bahujans, contends, as a preliminary matter, that the supporters of the bill "do not speak for us -– the Dalits and Bahujans, the alleged victims," claiming that the bill was introduced without any "community consultation" and without gathering "reliable data" on the subject. "It is," APNA writes, "merely a rush to legislate, carried by a marketing campaign fueled by emotional rhetoric." Finally, APNA contends that "SB 403 unfairly maligns, targets and racially profiles all South Asians . . . on the basis of our national origin, ethnicity and ancestry for disparate treatment, thereby violating the very laws it seeks to amend, the Unruh Civil Rights Act."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, minor state costs, if any. As discussed below [in the Assembly Appropriations analysis], discrimination on the basis of caste is already prohibited under California law. The Civil Rights Department (CRD) reports that it receives and processes relatively few complaints expressly related to caste discrimination and expects any increase in complaints resulting from this bill to be absorbable by the department.
VOTES
SENATE FLOOR: 34-1-5
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO: Jones
ABS, ABST OR NV: Becker, Dahle, Grove, Nguyen, Seyarto
ASM JUDICIARY: 9-0-2
YES: Maienschein, Connolly, Haney, Kalra, Pacheco, Papan, Reyes, Sanchez, McKinnor
ABS, ABST OR NV: Essayli, Dixon
ASM APPROPRIATIONS: 13-1-2
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Sanchez, Soria, Weber, Wilson
NO: Megan Dahle
ABS, ABST OR NV: Dixon, Mathis
UPDATED
VERSION: July 10, 2023
CONSULTANT: Tom Clark / JUD. / (916) 319-2334 FN: 0001257
Date of Hearing: August 16, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 403
Author:(Wahab) – As Amended Ver:July 10, 2023
Policy Committee: | Judiciary | Vote: | 9 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill adds definitions to several antidiscrimination statutes to make clear that discrimination based on caste is a prohibited form of ancestry discrimination.
Specifically, this bill adds “ancestry” as a protected characteristic under the Education Code, and adds the following definitions to the Unruh Civil Rights Act, the Fair Employment and Housing Act, and the Education Code, which prohibit discrimination based on specified protected characteristics:
- “Ancestry” includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
- “Caste” means an individual’s perceived position in a system of social stratification on the basis of inherited status. “A system of social stratification on the basis of inherited status” may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
FISCAL EFFECT:
Minor state costs, if any. As discussed below, discrimination on the basis of caste is already prohibited under California law. The Civil Rights Department (CRD) reports that it receives and processes relatively few complaints expressly related to caste discrimination and expects any increase in complaints resulting from this bill to be absorbable by the department.
COMMENTS:
- Purpose. According to the author:
Caste systems exist across the globe and have a long-standing existence in California that predates the waves of migration from South Asia. In my district, I continue to hear about caste discrimination experienced by Dalit women—which affirms the importance of this bill. Adding “caste” to “ancestry” brings clarity to the law, reduces the inequitable application of the law, and empowers individuals experiencing caste discrimination. Depending on an individual’s primary language and cultural background, they may use a word other than caste to describe their experience; however, the word we use in the English-language to describe a system of social stratification is caste. That is why the inclusion of that word is important; it has a meaning.
- Background. California has a robust network of laws protecting against discrimination. The Unruh Civil Rights Act, the Fair Employment and Housing Act (FEHA), and provisions of the Education Code prohibit discrimination on the basis of certain protected characteristics. The lists of characteristics protected by each of these laws are not identical, but are quite similar, and include sex, race, color, religion, national origin, disability, medical condition, and sexual orientation. These statutes prohibit discrimination on the basis of the protected characteristics by private businesses open to the public; in employment, housing, and participation in state-funded programs; and 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. Both the Unruh Civil Rights Act and FEHA prohibit discrimination on the basis of ancestry. This bill adds “ancestry” to the list of protected characteristics contained in the Education Code, and adds definitions of “ancestry” and “caste” to all three statutes. The bill’s legislative findings state that these changes are declaratory of and clarify existing law.
As detailed in the thoughtful analysis of this bill by the Assembly Judiciary Committee, this bill seeks to address numerous complaints of caste-based discrimination in California, which has proliferated particularly in educational institutions and the tech industry. Although caste-based discrimination is already prohibited under California law through a combination of protections for ancestry, national origin, ethnicity, color, and race, supporters of this bill have expressed a pressing need to explicitly prohibit such discrimination in statute. CRD already receives and handles complaints and litigation pertaining to caste-based discrimination; since this bill does not add new duties for CRD, the department does not anticipate an increase in workload resulting from the bill. However, if the attention brought to this issue by the bill results in a significant increase in caste discrimination complaints submitted to CRD, the department may need to request additional resources in the future.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: July 5, 2023
ASSEMBLY COMMITTEE ON JUDICIARY
Brian Maienschein, Chair
SBPCA Bill Id:SB 403
Author:(Wahab) – As Amended Ver:June 15, 2023
SENATE VOTE: 34-1
SUBJECT: Discrimination on the basis of caste
KEY ISSUE: IN ORDER TO CLARIFY EXISTING LAW, Should “caste” be added to the list of protected characteristics in the state’s anti-discrimination statutes?
SYNOPSIS
California’s Unruh Civil Rights Act, the Fair Employment and Housing Act (FEHA), and provisions of the Education Code prohibit discrimination on the basis of certain “protected characteristics.” This bill would add the word “caste,” as defined, to the list of protected characteristics in each statute. The bill defines “caste” to mean “an individual’s perceived position in a system of social stratification on the basis of inherited status,” specifying further that “a system of social stratification on the basis of inherited status” may be characterized by factors that include inability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status. Finally, the bill declares that its provisions are “declarative and clarifying” of existing law because the Civil Rights Department already assumes that “caste” is embraced within other protected characteristics and the court confirmed that interpretation.
This bill is supported by dozens of civil rights and social justice advocates, including several groups representing South Asian Americans. The bill is opposed by dozens of groups also representing South Asian Americans. Both sides agree that caste discrimination should be unlawful, but agreement ends there. The supporters contend that caste-based oppression, while often hidden, is nonetheless pervasive; therefore, “caste” should be a protected characteristic in California’s anti-discrimination laws. Opponents discount the pervasiveness of caste discrimination in California and, moreover, believe that inserting the word “caste” into statute will perpetuate cultural stereotypes and unconstitutionally single out South Asian Americans.
Given that both supporters and opponents agree that caste discrimination is covered by existing law – and in light of the genuinely felt concerns of many members of the South Asian community – the Committee proposes an amendment that will clarify that caste discrimination is prohibited by existing law that makes it illegal to discriminate on the basis of ancestry (and list discrimination of the basis of “caste” as a form of discrimination on the basis of “ancestry”). Consistent with past efforts to add new protected characteristics, the proposed amendment will incorporate caste by definition. Incorporating “caste” by definition will have the same legal effect as making “caste” a new and separate protected characteristic, as explained in the analysis. The bill as proposed to be amended by the Committee would be stronger than the bill in print by (1) clarifying that a complaint may allege discrimination based upon multiple, intersecting protected characteristics; and (2) defining “ancestry” a more expansive way to include caste as well as other forms of inherited social status.
SUMMARY: Makes “caste” a protected characteristic under the state’s anti-discrimination laws and defines caste and certain elements of caste. Specifically this bill:
- Adds “caste” to the existing lists of protected characteristics in the Unruh Civil Rights Act, The Fair Employment and Housing Act, and anti-discrimination provisions of the Education Code.
- Defines caste to mean an individual’s perceived position in a system of social stratification on the basis of inherited status.
- Specifies that “a system of social stratification on the basis of inherited status,” for purposes of the above, may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
EXISTING LAW:
- Provides, under the Unruh Civil Rights Act, that all persons within 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 any kind. (Civil Code Section 51.)
- Defines “sex,” for purposes of 1) above, to include pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. Specifies that “sex” also includes, but is not limited to, a person’s gender. Specifies that “gender,” means “sex,” and includes a person’s gender identity and gender expression. Specifies that “gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (Civil Code Section 51 (e)(5).)
- Prohibits the unlawful denial of full and equal access to the benefits of, or the unlawful discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, that is funded directly by the state, or that receives any financial assistance from the state, for a person on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation. (Government Code Section 11135.)
- Prohibits the owner of any housing accommodation from discriminating against any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person. (Government Code Section 12955.)
- Makes it an unlawful employment practice for an employer to discriminate against any applicant or employee because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision-making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person. (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).)
- 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 Sections 200-220.)
- Provides, under the constitutions of both California and the United States, that no person shall be denied equal protection of the law. (California Constitution, Article 1, Section 7; United States Constitution, Amendment XIV.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: According to the author:
Caste systems exist across the globe and have a long-standing existence in California that predates the waves of migration from South Asia. In my district, I continue to hear about caste discrimination experienced by Dalit women which affirms the importance of this bill. Adding caste to existing protections increases access to resources, cultural competency for agencies and organizations, and empowers individuals experiencing caste discrimination. Depending on an individual’s primary language and cultural background, they may use a word other than caste to describe their experience, however the word we use in the English-language to describe a system of social stratification is caste. That is why the inclusion of that word is important; it has a meaning.
Existing anti-discrimination laws are inclusive of caste discrimination, however there is an inequitable application of the law because caste is not expressly stated in our laws. When someone has a claim of caste discrimination, the strength of their evidence may not be sufficient if the presiding judge decides current laws are not inclusive of caste discrimination. This is why we must expressly state caste discrimination is prohibited in California.
Existing anti-discrimination laws. California’s Unruh Civil Rights Act, the Fair Employment and Housing Act (FEHA), and provisions of the Education Code prohibit discrimination on the basis of enumerated “protected characteristics.” While the lists of protected characteristics are not identical, they are quite similar, including, among other things, “sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.” (See e.g. Civil Code Section 51.) Provisions of the Government Code, which includes FEHA, prohibit a similar list of protected characteristics in different sections prohibiting discrimination in employment, housing, and participation in state-funded programs. (See Government Code Sections 11135, 12940, and 12955.) Finally, provisions of the Education Code prohibit discrimination 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. (See especially Education Code Section 200 et seq.)
This bill would add the word “caste,” as defined, to the list of protected characteristics in the relevant provisions of the Civil, Government, and Education codes. The bill defines “caste” to mean “an individual’s perceived position in a system of social stratification on the basis of inherited status,” specifying further that “a system of social stratification on the basis of inherited status” may be characterized by factors that include inability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status. Finally, the bill declares that its provisions are “declarative and clarifying” of existing law, because the Civil Rights Department already assumes that “caste” is included within other protected characteristics and the court confirmed that interpretation.
Evidence of “caste” discrimination in California. Equality Labs, the bill’s primary sponsor, conducted a survey of Americans of South Asian descent and their experience with caste discrimination. Based on interviews with Americans of South Asian descent, the survey found that 25% of caste-oppressed Dalits (the lowest caste once referred to as “untouchables”) experienced verbal or physical assault because of their caste, and one-third of Dalit students have experienced caste-based discrimination during the course of their education. “Even more alarming,” according to the co-sponsors of this bill, two-thirds of Dalits reported experiencing discrimination in the workplace. Although workplace discrimination apparently exists across the occupational spectrum, many of the letters submitted by supporters point in particular to Silicon Valley and the “tech industry.” For example, the Tech-Equity Collaborative, a co-sponsor, claims that perhaps “no industry has shown the most complaints related to caste than the tech industry.” Tech-Equity cites several articles that appear to reinforce this claim.
Some high-technology companies – but apparently not all – have admitted that a problem exists and have begun to take corrective steps. Indeed, a recent report by the Reuters news organization began by stating that “America's tech giants are taking a modern-day crash course in India's ancient caste system, with Apple emerging as an early leader in policies to rid Silicon Valley of a rigid hierarchy that's segregated Indians for generations.” According to the report, Apple updated its general employee conduct policy in 2020 to explicitly prohibit discrimination on the basis of caste, adding it to existing categories, including race, religion, gender, age, and ancestry. The report claimed that India has become the technology sector’s “top source of skilled foreign workers,” implying that Indian workers bring ideas about caste with them (a claim the opponents of this bill dispute, as discussed below). Reuters spoke to “about two dozen Dalit tech workers in the United States who said discrimination had followed them overseas.” The workers reported that “caste cues,” including last names, hometowns, diets and religious practices, “had led to colleagues bypassing them in hiring, promotions and social activities.” (“Caste in California: Tech giants confront ancient Indian hierarchy,” Reuters.com August 15, 2022.)
The Cisco Case. In October of 2020, the then-named California Department of Fair Employment and Housing (DFEH) brought an action in Santa Clara County Superior Court against Cisco Systems, Inc. (Cisco), and two of its supervising engineers, for engaging in unlawful employment practices. Specifically, the complaint alleged that the two supervisors discriminated against complainant “John Doe” because he was a Dalit, “a population once known as the ‘Untouchables’ who are the most disadvantaged people under India’s century-old caste system.” DFEH’s action against Cisco cited its failure to take remedial actions once it learned of the violations. (See DFEH “Complaint,” Dept. of Fair Employment and Housing v. Cisco Systems, Inc. et.al., Santa Clara County Superior Court, Case No. 20CV372366, Filed Oct. 16, 2020.)
The case dragged on for another two years as parties wrangled over various motions (including whether Doe could proceed under a fictitious name). In January of 2023, the supervisors filed a motion for sanctions against DFEH (which by this time had been renamed the Civil Rights Department-CRD). The motion for sanctions alleged a variety of abuses, including allegations that DFEH made false or unwarranted assumptions about the caste status of the supervisors and other employees; failed to consider that a position for which John Doe had been passed over went to another Dalit; relied on questionable evidence regarding the extent of caste discrimination; and failed to bring an action against a white, non-Indian supervisor who had allegedly ordered some of the work tasks that Doe claimed were discriminatory. (“Motion for Sanctions,” Dept. of Fair Employment and Housing v. Cisco Systems, Inc. et.al., Santa Clara County Superior Court, Case No. 20CV372366.) It is unclear if the court ever ruled on the sanctions, but in any event, in April of 2023, CRD moved to dismiss the action against the two supervisors. (“Request for Dismissal,” Dept. of Fair Employment and Housing v. Cisco Systems, Inc. et.al., Santa Clara County Superior Court, Case No. 20CV372366.) CRD has continued its action against Cisco for its failure to take required remedial actions. According to CRD, the case against Cisco is now in mediation.
Both the supporters and opponents of this bill cite the Cisco case to support their respective positions. Supporters cite the case as evidence of caste discrimination in the tech industry and the fact that Cisco originally demurred on the grounds that, “caste” discrimination was not covered by existing law. To supporters, therefore, the case clearly shows the need to clarify existing law so as to prevent future defendants from making this claim. To opponents, the case shows that caste is already covered by existing law, as DFEH argued that caste was covered under existing characteristics and the court apparently agreed, for it did not dismiss the case. Opponents also cite the defendants’ motion for sanctions to show that the state’s lead enforcement agency made biased and unwarranted assumptions about the supervisor’s caste and the Hindu caste system more generally. The opponents also point to the allegation in the motion for sanctions that DFEH never named the white, non-Indian supervisor, even though he allegedly ordered Doe to perform some of the tasks that Doe deemed discriminatory and harassing. The opponents believe this was because DFEH assumed that the other supervisor, because he was not South Asian, could not have engaged in caste discrimination.
Objections to the inclusion of “caste” in California statutes. Opponents of the bill contend that inserting “caste” in state law unfairly singles out South Asians and reinforces stereotypes about Hinduism, which opponents claim are no longer warranted, or at least not to the extent suggested by the supporters. Opponents are unpersuaded by claims that the definition of “caste” in the bill is facially neutral and could be applied to any caste system in many parts of the world. Even if the word “caste” may be used to describe other forms of social stratification and oppression, the opponents argue, caste is historically associated with South Asians, and Hindus in particular. Popular dictionary definitions, encyclopedia entries, and even the California social science standards, opponents claim, routinely associate caste primarily with South Asians and Hindus. Indeed, however broadly the bill in print might define the term, the letters and background information provided to the Committee by the author and supporters reinforce the association of caste and South Asians. The Equality Labs survey, according to its own description, interviewed persons of South Asian descent. The executive summary of the survey posted on the Equality Labs website states that as members of “the South Asian American community [Equality Labs is] uniquely situated to redeem the errors of history” around caste. The website that introduces the survey asserts that there are “four main caste groups,” and then proceeds to list the four castes associated with Hinduism. It defines caste as “a system of religiously codified exclusion that was established in Hindu scripture.” Even when noting that caste is not limited to the Indian subcontinent, it states that “caste has been found wherever South Asian migrants go.” If the opponents are wrongly associating the bill’s use of “caste” with South Asians, then some of the supporters own statements may be providing grist for the mill.
Opponents “Equal Protection” concerns seem overstated. The opposition claim that inserting “caste” in the state’s antidiscrimination laws violates the equal protection clause of the 14th Amendment, seem questionable. Opponents point to an online article by Professor Vikram Amar, the Dean of the College of Law at the University of Illinois. Significantly, Amar does not conclude that SB 403 violates the 14th Amendment; rather, he argues that SB 403 “potentially” raises an equal protection issue if it is found that the bill singles out South Asians to such an extent that “caste discrimination itself is something that, definitionally, can be practiced only by people of certain ethnicities.” Amar acknowledges the author’s statements stressing that caste systems exist in parts of the world other than South Asia. The question posed by Amar is whether these general statements are sufficient to overcome an “illicit motive challenge.” That is, even facially neutral statutes are “invalid if they have uneven, or disparate, effects along racial or ethnic lines, and are motivated by a desire to hurt or demean a particular racial or ethnic group.”
Amar concludes that SB 403, while likely well-intentioned, “seems hurriedly conceived and unartfully crafted in its current form.” Amar would “tone down” the focus on South Asians (both in the bill and in statements supporting it) and would clarify that the bill is “largely” declarative of existing law. For if it is entirely declarative of existing law, a court might ask why the bill was needed at this particular time? Amar reaches no certain conclusion on the bill’s constitutionality, and he concedes that his article amounts to “preliminary thoughts” about the “potential” constitutional flaws in SB 403. (Vikram Amar, “Preliminary Thoughts on Potential Constitutional Flaws in SB 403, a California Proposal to Prohibit Caste Discrimination,” Verdict: Legal Analysis and Commentary at Justia, May 16, 2023, at https://verdict.justia.com/2023/05/16/preliminary-thoughts-on-potential-constitutional-flaws-in-sb-403-a-california-proposal-to-prohibit-caste-discrimination.) If Amar is correct, and a court would look to the motive behind a facially neutral statute, it would be difficult to argue that the author and supporters, and the legislators who voted for the bill, were “motivated by a desire to hurt or demean a particular racial or ethnic group.” To the contrary, it appears that the author and supporters genuinely seek to protect South Asians, and others, from caste discrimination.
More compelling, perhaps, are the opposition’s non-legal arguments. They argue that a bill targeting “caste” discrimination – when caste is so closely associated with South Asian Americans in popular understanding – reinforces harmful stereotypes that the opponents wish to banish. During the dozens of hours that Committee staff spent meeting and talking with opponents of the bill, one theme regularly surfaced: when the opponents left India and other places in South Asia, they also thought that they had left behind ideas about caste. Opponents find especially galling the assumption that South Asian immigrants must necessarily bring ideas historically associated with their place of birth with them to their new homes. Interestingly, this aspect of the opposition arguments is captured quite poignantly in Thenmozhi Soundararajan’s moving book, The Trauma of Caste, a series of “mediations” on the experience of a Dalit feminist in modern America. In one passage, Soundararajan writes of an experience with her mother:
My parents’ generation was so naïve. They thought they had left caste behind when they came to the United States. They were steeped in a desperate optimism, being among the first generation to benefit from affirmative action programs that enabled Dalits to access higher education and pursue professions abroad as part of a new wave of South Asian immigrants to the US in the 1970s. After all they had endured to become educated, my parents genuinely believed caste was in the rearview mirror; in truth they also needed to push down the demons that had terrorized them at home. When I asked my mom about our caste, however, she recognized that we had not left it behind. (Soundararajan, The Trauma of Class (2022), p. 22.)
Like Soundararajan’s parents’ generation, the opponents of this bill – some of whom also identify as Dalits – do not endorse the idea of a caste system or support caste discrimination; rather, they want to leave those aspects of their ancestry behind. Supporters, however, just as compellingly contend that it is impossible to leave caste behind, and the better approach is to confront it.
Proposed Committee Amendments: Given that both supporters and opponents agree that caste discrimination is covered by existing law – and in light of the genuinely felt concerns of many members of the South Asian community and at least one well respected legal scholar – the Committee proposes amendments to the bill that will clarify that caste discrimination is prohibited, while at the same time not singling it out, or at least not singling it out in statute so prominently. Consistent with recent past efforts to add new protected characteristics to the state’s anti-discrimination laws, the proposed amendment would incorporate caste by definition into the law’s existing prohibition on discrimination on the basis of ancestry.
Specifically the Committee recommends the following:
- Remove “caste” from the list of protected characteristics where it has been added by the bill in print.
- Provide a definition of “ancestry” that includes, but is not restricted to caste, which would read as follows:
“Ancestry” includes, but is not limited to, lineal descent, heritage, parentage, caste, or any inherited social status. Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.
- Because “caste” would still appear in the definition of “ancestry,” the Committee proposes to maintain the definition of “caste” as it appears in the bill in print.
Incorporating “caste” by definition will have the same legal effect as making “caste” a new protected characteristic, as explained below. In addition, one could argue that the bill, as proposed to be amended by the Committee, would offer stronger protection against discrimination than the bill in print by (1) clarifying that a complaint may allege discrimination based upon multiple, intersecting characteristics and (2) defining “ancestry” to include caste as well as other forms of inherited social status.
Precedents for, and the legal effect of, incorporation by definition. As noted above, the list of protected characteristics in California’s various anti-discrimination laws differ slightly from statute to statute. Many of these differences are mitigated, however, by the fact that many of the characteristics added in recent years have been incorporated by definition rather than added to directly to a list of protected characteristics. For example, “gender identity” and “gender expression” were added directly to the list of protected characteristics in FEHA statutes. However, in the Unruh Civil Rights Act these very same terms were incorporated by definition into “sex.” Specifically, AB 887 (Chap. 719, Stats. 2011) defined “sex” to include “gender identity” and “gender expression,” rather than adding those terms to the list of protected characteristics in the substantive part of the statute.
It is unclear why the Legislature chose to add “gender expression” and “gender identity” to the list of protected characteristics in FEHA and instead incorporated those same terms by definition into the Unruh Act. One of the supporters of this bill makes the interesting argument that characteristics added directly to the list of protected characteristics are “relational,” while those incorporated by definition are more “personal.” For example, the supporter claims that “sexual orientation” was made a new characteristic in the Unruh Act because it was “relational,” while “gender identity” and “gender expression” supposedly are not “relational.” It is unclear why “gender expression,” which involves how one chooses to express oneself to others, is less “relational” than sexual orientation. Whatever the merits of the relational/personal distinction, it apparently was not on the minds of legislators who voted to place those supposedly non-relational terms directly in the list of protected characteristics in FEHA given that the theory is absent from the legislative record.
More important, regardless of the Legislature’s rationale for the different approaches to the Unruh Act and FEHA – assuming there was, in fact, a rationale –“gender expression” and “gender identity” are no less protected by the Unruh Act than they are by FEHA. For example, an appellate court held that a Catholic hospital’s refusal to perform a hysterectomy on a transgender male violated the Unruh Act because it discriminated on the basis of the plaintiff’s gender identity. The fact that gender identity only appeared in the definition of “sex” and not in Unruh’s list of characteristics, apparently had no significance to the court. Indeed, even the defendant hospital in that case conceded that “gender identity” was protected by the Unruh Act. (Minton v. Dignity Health (2019) 39 Cal. App. 5th 1155.) In other cases arising under the Unruh Act, the courts have treated gender identity as a fully protected characteristic, regardless of its placement in the statute. (See Ryan v. Prof'l Disc. Golf Ass'n, 2023 U.S. Dist. LEXIS 82987, and the cases cited therein.)
Is “ancestry” the appropriate category in which to include “caste?” Even if incorporation by definition has the same legal effect as being listed as a separate protected category, the author and supporters still question whether “ancestry” is the proper form of discrimination in which to include “caste.” The author’s office has informed the Committee that incorporating caste through the definition of ancestry is not “appropriate” because caste is distinct from ancestry. The Committee’ definition, however, does not deny that caste is “distinct” from ancestry. Obviously the terms have different meanings. The author’s office and one of the bill’s supporters claim that ancestry would not take into account the ways that caste intersects with other characteristics, such as race, color, or religion. The Committee disagrees. First, the definition proposed by the Committee does not equate ancestry with caste; that is, it does not say that ancestry means caste, it says that discrimination on the basis of ancestry includes discrimination on the basis of caste. Most legal dictionaries define ancestry as a more general category that includes under its umbrella other characteristics, such as race, ethnicity, color, or nationality. Black’s Law Dictionary defines “ancestry” in terms of “lineal descent,” the online Law.Com Legal Dictionary stresses the movement from great-grandparent, to grandparent, to parent, to child. (See e.g. Law. Com Dictionary.)
The author’s apparent resistance to the use of “ancestry” is somewhat perplexing. None of the support letters and related background material submitted to the Committee suggests that caste is not a part of one’s ancestry, and some seem to expressly understand caste to be part of ancestry. The co-sponsors make it clear that caste is something that one is born into. Indeed the flier entitled “Vote Yes on SB 403: Ending Caste Discrimination in California,” prepared by Equality Labs, states that “Caste is inherited. If your parents, grandparents, and so on are of a particular caste, you are as well.” That sounds a great deal like the Law.Com definition. Moreover, as Equality Labs notes in its survey of caste: “At birth, every child inherits her ancestor’s caste.” (https://www.equalitylabs.org/castesurvey.) Thus, the bill’s primary sponsor use of the possessive certainly suggests that caste is a subset of ancestry. Even if there is some “official” definition of “ancestry” that is inconsistent with “caste,” it does not matter for purposes of drafting a statute. Statutory definitions typically define terms for the limited purpose of that statute. They make no claim to universality and do not claim a monopoly on the “true” meaning of terms. If the Legislature declares “for purposes of this statute” that discrimination on the basis of ancestry includes discrimination on the basis of caste, then for purposes of the statute discrimination on the basis of caste is prohibited.
Second, the definition of “ancestry” in the Committee’s proposed amendment not only does not preclude possible “intersections” between caste and other protected characteristics, as the author and some supporters have suggested, but in fact explicitly allows it. First, nothing prevents a complainant under the Unruh Act or FEHA from alleging discrimination on the basis of more than one characteristic, as DFEH did in the Cisco case, and which the court accepted. Second, in order to make this even clearer, the Committee’s definition of ancestry expressly states that, “Nothing precludes a person from alleging discrimination on the basis of ancestry in combination with discrimination based upon other protected characteristics.” In addition, the bill as proposed to be amended by the Committee leaves in place the author’s definition of “caste,” which makes it clear that caste includes, and may intersect with, other systems of social stratification based on inherited status. [On the “dilemma of intersectionality,” see Delgado and Stefanic, Critical Race Theory, pp. 10-11, 58-70; for the classic application of the concept of intersectionality to a concrete legal issue, see Kimberle Crenshaw, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics,” University of Chicago Legal Forum (1989).]
Other California institutions that have made “caste” a protected characteristic. Many supporters of this bill point out that the California State University system recently updated their internal anti-discrimination polices by adding “caste” to the policies. However, CSU did not make “caste” a stand-alone protected characteristic. Rather, CSU quite literally included it parenthetically by noting that the existing “Race or Ethnicity” characteristic included “color, caste, and ancestry.” (See CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Dating Violence, Stalking, and Retaliation (Nondiscrimination Policy), Article I and Article II (A), available at https://calstate.policystat.com/policy/12891658/latest.) Similarly, the University of California at Davis, in 2021, added “caste,” in the same parenthetical manner suggested by the Committee, to its “national origins” characteristics. (Available at https://hdapp.ucdavis.edu/discrimination.) These examples are not offered as evidence of why the Legislature should incorporate “caste” by definition. The divergent choices do, however, speak to the malleable, sometimes interchangeable, intersectional, and socially constructed nature of such contested terms as race, ethnicity, color, national origin, and, indeed, caste.
In sum, based on the Committee’s understanding of existing case rule and rules of statutory construction, including “caste” within the ambit of “ancestry” would have the same legal effect as adding caste to the list of protected characteristics. This is especially clear when we compare the effect of incorporating “gender expression” and “gender identity” by definition into the Unruh Act, with FEHA’s approach of adding the terms as new protected characteristics in FEHA. Under both statutes, as discussed above, the courts treat them as protected characteristics regardless of their placement in the statute. The courts will presumably do the same with “caste” if it is included within “ancestry.” In addition, the proposed definition of “ancestry” not only makes it clear that ancestry includes “caste.” The definition also expressly states that nothing precludes combining an allegation of discrimination based upon caste with one or more allegations based on other protected characteristics. Defining “ancestry” to include caste, as well as other forms of inherited social status, provides additional protection for systems of social stratification not historically associated with caste.
Finally, in keeping with the author’s definition of caste in the bill, the proposed amendment will cover all of the nuanced and complex social relations anticipated by the bill in print. The proposed Committee amendment may not remove all of the opposition, but it addresses the opposition’s legitimate concerns about singling out caste as a new and distinct form of discrimination. Not only is caste incorporated by definition, the definition of “ancestry” makes it clear that “caste” in only one of multiple forms of discrimination based upon one’s inherited social status.
ARGUMENTS IN SUPPORT: The California Labor Federation (CLF) supports SB 403 because it is a “historic effort to end caste discrimination in the State of California.” CLF elaborates:
Caste-oppressed South Asians experience some of the highest rates of discrimination in the United States. Working class and undocumented caste-oppressed Californians are in even more precarious positions, as they struggle with exclusion from immigrant networks and the post-traumatic stress of leaving their homelands behind as they settle in California to escape caste violence.
Freedom from caste discrimination is inextricably tied to workers’ rights. In California, caste discrimination occurs across industries, including technology, education, construction, restaurants, domestic work, and medicine. Caste discrimination against Dalits—people referred to as "untouchables" by dominant castes—has included bullying, harassment, bias, wage theft, sexual harassment, and even trafficking. A 2018 survey by Dalit civil rights organization Equality Labs found that 1 in 4 Dalit Americans experienced verbal or physical assault because of their caste, and 1 in 3 Dalit students reported experiencing discrimination during the course of their education. Even more alarming was that 2 out of 3 Dalits reported experiencing caste discrimination in their workplaces.
SB 403 states that individuals are protected from discrimination based on their caste or perceived caste. By taking action to clarify existing protections for caste oppressed Californians, SB 403 will be a positive step forward to end caste discrimination and will send a message that everyone deserves to be treated with dignity and respect.
The California Labor Federation views caste equity as one of the many issues we must address for workers to achieve equal rights and justice alongside all Californians.
ARGUMENTS IN OPPOSITION: The Hindu American Foundation opposes this bill “both its legislative intent and impact will result in an unconstitutional denial of equal protection and due process to South Asians (the vast majority of whom are of Indian origin) and other vulnerable ethnic communities. SB-403 unfairly maligns, targets and racially profiles select communities on the basis of their national origin, ethnicity and ancestry for disparate treatment, thereby violating the very laws it seeks to amend, the Unruh Civil Rights Act. It further violates Title VII of the Civil Rights Act of 1964 and the US and California State Constitutions.”
The Ambedkar-Phule Network of American Dalits and Bahujans (APNA) contends that SB 403 is a “misinformed bill [that] is pushing hate in the name of stopping hate.” APNA, an organization of Dalits and Bahujans, contends, as a preliminary matter, that the supporters of the bill “do not speak for us -– the Dalits and Bahujans, the alleged victims,” claiming that the bill was introduced without any “community consultation” and without gathering “reliable data” on the subject. “It is,” APNA writes, “merely a rush to legislate, carried by a marketing campaign fueled by emotional rhetoric.” Finally, APNA contends that “SB 403 unfairly maligns, targets and racially profiles all South Asians . . . on the basis of our national origin, ethnicity and ancestry for disparate treatment, thereby violating the very laws it seeks to amend, the Unruh Civil Rights Act.”
Arguments of Concern: The Jewish Institute for Liberal Values (JILV) writes to register its “profound reservations” about SB 403:
We are concerned about SB-403 because both its legislative intent and impact will result in an unconstitutional denial of equal protection and due process to South Asians (the vast majority of whom are of Indian origin) and other vulnerable ethnic communities. SB-403A unfairly maligns, targets and racially profiles select communities on the basis of their national origin, ethnicity and ancestry for disparate treatment, thereby violating the very laws it seeks to amend, the Unruh Civil Rights Act. It further violates Title VII of the Civil Rights Act of 1964 and the US and California State Constitutions. As Jewish Americans, we are well aware of the negative impact legalized discrimination has on minority communities.
The Jewish Institute for Liberal Values shares the admirable goals of standing up for civil rights and eliminating all forms of prejudice and discrimination, including those based on caste. So, the question is not whether we should deal with any allegations of caste discrimination, but how. As such, if and when incidents of caste discrimination occur, they should be brought to light, thoroughly investigated and rectified under existing law in its current form. Not through separate laws that only apply to South Asians and other select communities of color.
Today, it would be inconceivable that California would consider such blatantly discriminatory laws as in the past due to the state’s commitment to policies that prioritize diversity and inclusion. SB-403 stands out as a striking, historic departure from the California legislature’s commitment to policies that protect and celebrate the state’s pluralistic ethos.
REGISTERED SUPPORT / OPPOSITION:
Support
Ad Dharm Brotherhood USA
Alphabet Workers Union - Communication Workers of America
Ambedkar Association of North America
Ambedkar Buddhist Association of Texas
Ambedkar International Co-ordination Society (AICS)
Ambedkar International Mission Center Houston, USA (AIM)
Ambedkarite Buddhist Association of Texas
American Gurdwara Parbandhak Committee
Anti-racism Task Force At First United Methodist Church of Redding
Asian Americans Advancing Justice - Asian Law Caucus
Asian Pacific American Labor Alliance
Begumpura Cultural Society of New York
Bhim International Foundation
Boston South Asian Coalition
Boston Study Group
California Asian Pacific American Bar Association
California Environmental Voters (formerly Clcv)
California Labor Federation, Afl-cio
Caste Equity Legal Task Force
Center for Empowering Refugees and Immigrants
Coalition of Americans for Pluralism in India
Coalition of Seattle Indian Americans
Contra Costa Asian American Pacific Islander Coalition
Council on American Islamic Relations
Desh Doaba
DFW Shri Guru Ravidass Organization, Mesquite, Tx
East Bay Yimby
Equality Labs
Friends for Education International
Global Bahujan Group
Global Nri Forum
Gurdwara Sahib Fremont
Gurdwara Shri Guru Ravidass Sahib Ji Selma, California
Guru Granth Sahib Foundation, INC.
International Bahujan Organization
International Bodhisattva Guru Ravidass Organization INC
Jakara Movement
Korean Community Center of The East Bay
Love Never Fails
NAACP Hayward South Alameda County Branch
National Academic Coalition for Caste Equity
Nibbana Healthcare INC.
Periyar Ambedkar Study Circle
Periyar International, USA
Saman Sangh
Sanford Heisler Sharp Llp
Sarab Sanjha Gurdwara
Shasta County Citizens Advocating Respect
Shri Guru Ravidas Sabha Bay Area
Shri Guru Ravidas Temple, Pittsburg, CA
Shri Guru Ravidass Sabha Sacramento
Shri Guru Ravidass Sabha, Fresno, CA
Shri Guru Ravidass Sabha, New York
Shri Guru Ravidass Temple, Rio Linda, CA
Shri Guru Ravidass Temple, Union City, CA
Sikh American Legal Defense and Education Fund (SALDEF)
Sikh Center of Pacific Coast
Sikh Coalition
Sikh Youth of America
South Asian Bar Association of North America
South Asian Network
Sri Guru Ravidass Sabha
Techequity Collaborative
The Sikh Coalition
Several individuals
Oppose
Ambedkar-phule Network of American Dalits and Bahujans
American Hindu Federation
Americans for Equality
Arsha Vidya Pitham
Bangladeshi Minorities in Usa
Bay Area Vaishnav Parivar
Bihar Up Jharkhand United of North America
Californiaforjustice.com
Cascade Park Democratic Values Coalition
Chinmaya Mission San Jose
Coalition of Hindus of N. America (COHNA)
Dalit Samaj of North America
Dharma Civilization Foundation
Drishtikone
Durga Temple of Virginia
Evergreen Desi Group
Evergreen Spiritual Singing Group
Federation of Hindu Mandirs
Fia of Northern California
Folsom Hindu Temple and Cultural Center
Foothills Desi Sports Association
Fremont Hindu Temple
Genupgenz&beyond
Global Kashmiri Pandit Diaspora
Gujaratis of North America
Guru Nanak Sikh Society of Yuba City
Gurudwara Sant Sagar
Hero Life Sciences INC
Hindu American Foundation, INC.
Hindu American Political Action Committee
Hindu Community Center
Hindu Community of Springfield
Hindu Speakers Bureau
Hindu Teens Association of Roseville
Hindu Temple Dayton
Hindu Temple of Greater Chicago
Hindu Temple of New Hampshire
Hindus for Harmony
Humansense.ai INC.
India Association of Los Angeles
India Awarenss Foundation
Indiafacts
Indian American Interfaith Leaders
Indic Press
Indo American Social Association LLC
Indo-American Community Federation (IACF-USA)
Interfaith Dialogue Association
Interfaithshaadi
Iron Horse Health and Wellness Group
Jain Foundation, India Community Center, Simi Valley Mandir
Jain Society of Greater Cleveland
Jaya Hanuman Temple and Cultural Center
Jewish Institute for Liberal Values
Knowyourroots Foundation
Mcanally Desi Youth Sports Community
Metropolitan Asian Family Services, INC.
Minority Parents Association, Livermore
Moms, Homemakers & Dogooders Syndicate
Mothers Against Bullying
Motwani Jadeja Family Foundation
Nithyananda Dhyanapeetam Temple and Cultural Center
Organization of Hindu Malayalees INC
Palo Alto for Religious Freedom
Reiki Group
Rutgers Hindu Yuva
Samskrita Bharati
Samskritabharati USA - NJ Chapter
San Ramon Health for Humanity Group
Sankara Eye Foundation USA
Shanti Mandir
Shanti Om
Shiva Vishnu Temple of Cleveland
Showing Up for Racial Justice North County San Diego
Shree Swaminarayan Satsang Mandal
Shri Guru Ravidass Temple, Yuba City, CA
Shri Yoga Vedanta Ashram
Smap Foundation INC.
Social Justice Coalition, Livermore
Sri Ashtalakshmi Temple
Sri Guru Nanak Sikh Temple
Sri Saibaba Mandir
Sri Satya Narayana Swamy Devasthanam (veda Temple)
Stand With US
Step2stepup INC.
Temple Volunteers of Centerville, Fremont
Tri-devi Sanatan Mandir INC
United Indians Association
United States-India Relationship Council
University of Toronto - Hindu Student's Council
Uttar Pradesh Mantal
Vaishnav Samaj of Southern California
Vasavi Seva Foundation
Vedic Cultural & Spiritual Center of San Diego
Vedic Education and Devotional Academy (VEDA)
Vinay Kruttiventi Foundation
Vivaankika
Washington State and India Trade Relations Action Committee
World Hindu Coalition
Yoga Ascent North America
Several individual letters and emails
Oppose Unless Amended
Go Beyond Labels
South Asians for Inclusive Progress
Concerns
Jewish Institute for Liberal Values
Analysis Prepared by: Tom Clark / JUD. / (916) 319-2334
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 403 |
THIRD READING
Bill No: SB 403
Author: Wahab (D), et al.
Amended: 4/17/23
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 4/25/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Discrimination on the basis of caste
SOURCE: Alphabet Workers Union–Communication Workers of America
Ambedkar Association of North America
Asian Pacific American Labor Alliance
Equality Labs
Hindus for Caste Equity
Jakarta Movement
Sikh American Legal Defense and Education Fund
Sikh Coalition
South Asian Network
Tech Equity Collaborative
DIGEST:
This bill clarifies that discrimination on the basis of caste, as defined, is prohibited under existing anti-discrimination statutes, as specified.
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. (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.)
- Provides that no person in the State shall, on the basis of their actual or perceived sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state, including at the California State University. (Gov. Code, § 11135.)
- Establishes the Fair Employment and Housing Act (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.)
- Establishes the Civil Rights Department (CRD) (formerly DFEH), which is tasked with enforcing California’s civil rights laws, issuing publications that will tend to minimize or eliminate prohibited discrimination, providing assistance to communities and persons in resolving disputes relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, reproductive health decisionmaking, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. (Gov. Code, §§ 12930, 12931.)
This bill:
- Clarifies that discrimination on the basis of caste is prohibited under the civil rights laws set forth in 1)-4), above.
- Defines “caste,” for purposes of 1), as an individual’s perceived position in a system of social stratification on the basis of inherited status; a system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
- Extends the CRD’s authority under 5) to include anti-caste-discrimination enforcement activities, consistent with its other activities surrounding other protected characteristics.
Comments
This bill clarifies that discrimination on the basis of caste is prohibited under the Unruh Civil Rights Act, state laws prohibiting discrimination in publicly funded programs and public education, and FEHA. This change is intended to provide additional clarity to businesses, employers, and schools about what forms of discrimination are prohibited. While it may seem clear to some that caste falls into existing enumerated categories, the reports of caste-based discrimination in the state suggest that employers and other entities are not adequately protecting against this form of discrimination without a specific statutory reference to caste.
As defined in the bill, “caste” is a person’s perceived position in a system of social stratification on the basis of inherited status; a caste system may be characterized by factors that may include, but are not limited to: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status. Caste can intersect with, and incorporate, existing concepts of race and color, ethnicity, national origin, and ancestry.[1]
Although caste systems are hierarchical, this bill is neutral in its approach to the nature of the caste-based discrimination: discrimination on the basis of someone’s perceived position in the system is prohibited regardless of whether the position is considered a “high” position or a “low” position in the hierarchy. Accordingly, a person who experienced discrimination because someone believed they were in a dominant caste would have just as much of a claim as a person who experienced discrimination because it was believed they were a member of a historically disfavored caste. Similarly, this bill does not require both the discriminator and the victim of discrimination to identify as being a member of a caste system; a person who believed they were not part of a system could still violate the laws if they discriminated against a person based on their understanding of the person’s caste. This bill is also neutral in that it applies to all caste systems, regardless of the origin of the system.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 5/8/23)
Alphabet Workers Union – Communication Workers of America (co-source)
Ambedkar Association of North America (co-source)
Asian Pacific American Labor Alliance (co-source)
Equality Labs (co-source)
Hindus for Caste Equity (co-source)
Jakarta Movement (co-source)
Sikh Coalition (co-source)
Sikh American Legal Defense and Education Fund (co-source)
South Asian Network (co-source)
Tech Equity Collaborative (co-source)
Academics in Support of SB 403
ACLU California Action
Alameda County Democratic Party, Central Committee
Ambedkar International Center
Ambedkar International Co-Ordination Society
Ambedkar International Mission Center Houston, USA
Ambedkar International Mission Society, Calgary
Ambedkar International Social Reform Organization
Ambedkar King Study Circle
Ambedkar Times
Ambedkarite Buddhist Association of Texas
Ambedkarites International Mission Society – Canada
Americans Against Caste Discrimination
Asian Americans Advancing Justice – Asian Law Caucus
Asian American Disinformation Table
Begumpura Cultural Society of New York
Bend the Arc: Jewish Action California
Boston South Asian Coalition
Boston Study Group
California Association of Human Relations Commissions
California Coalition for Community Investment
California Employment Lawyers Association
California Faculty Association
California Immigrant Policy Center
Caste Equity Legal Task Force
Chetna Association of Canada
Coalition of Americans for Pluralism in India
Coalition of Seattle Indian Americans
Consumer Attorneys of California
Council on American-Islamic Relations, California
Dalit Solidarity Forum
Desh Doaba
DFW Shri Guru Ravidass Organization
Dhamma Waves
Dr. Ambedkar International Mission, Toronto
Dr. B.R. Ambedkar Educational Aid Society
Dr. Cornel West
East Bay for Everyone
Federation of Indian American Ambedkarities of Bay Area
Feminist Critical Hindu Studies Collective
Friends for Education International
Global NRI Forum
Global Bahujan Group
Great Truth
Hidden Leaf Foundation
Hindus for Human Rights
India Civil Watch International
Indian American Muslim Council
International Bahujan Organization
International Bajuhan Organization California
International Bodhisattva Guru Ravidass Organization Inc.
Legal Aid at Work
me too. International
Mental Health Professionals for Caste Equity and Healing
National Academic Coalition for Caste Equity
National Association of Social Workers – California Chapter
Periyar Ambedkar Study Circle
Periyar International USA
Power in Education
Proud Ravidassia Global Organization
Radha Swami Rasila Satsang Center
Sahayaatra International Alliance for Social Justice
Saman Sangh
Santa Clara County Democratic Party
Seattle Councilmember Ksharma Sawant
Shri Guru Ravidass Sabha, Fresno, California
Shri Guru Ravidass Sabha, New York
Shri Guru Ravidass Temple, Pittsburgh, California
Shri Guru Ravidass Temple, Rio Linda, California
Shri Guru Ravidass Temple, Selma, California
Shri Guru Ravidass Temple, Union City, California
Shri Guru Ravidass Temple, Yuba City, California
Sikh American Legal Defense and Education Fund
Socialist Alternative – Bay Area
South Asia Scholar Activist Collective
South Asian Coalition to Renew Democracy
South Asian Dalit Adivasi Network, Canada
South Asian Left Activist Movement
South Asian SOAR
Southern Asian Bar Association of North America
Sri Guru Ravidass Sabha Ontario
Sri Guru Ravidass Society, Calgary
Stanford Heisler Sharp, LLP
Stop AAPI Hate
Tech Workers for Caste Equity
United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
United Way of Northern California
V-Day
Voices for Progress
Workers Strike Back
Approximately 42 individuals
OPPOSITION: (Verified 5/8/23)
Ambedkar-Phule Network of American Dalits and Bahujans
American Atheists
American Hindu Federation
American Hindus Against Defamation
American Muslim and Multifaith Women’s Empowerment Coalition
Americans for Equality
Americans4Hindus
Annapoorna USA Foundation
Balagokulam LoneHill Chapter
Bangladeshi Minorities in USA
Bay Area Bengalis
Bay Area Youth Vaishnav Parivar
Bharati Tamil Sangam
Coalition of Hindus of North America
Cupertino Action & Advocacy
Dalit-Bahujan Solidarity Network
Federation of Indo-Americans of Northern California
Foundation for India and Indian Diaspora Studies
Fremont Hindu Temple
Hindu American Foundation
Hindu American Political Action Committee
Hindu Community Institute
Hindu Cultural Center
Hindu Mandir Executives’ Conference
Hindu Speakers Bureau
HinduACTion
HinduPact
Hindus Not Caste-Oppressors
HSS-USA
India Heritage Foundation
Indian Americans of Irvine and Orange County
Indo-American Community Federation
InterfaithShaadi
Kailasa San Diego Hindu University
Let’s Play Badminton Group
Mandir
My Temple
Natomas Group of Sacramento
Satsang Group
Sewa International, Inc.
Shiva Murgan Temple
Silicon Valley Chinese Association
Silicon Valley Interreligious Council
The Hindu Bhajan Samiti
The Khalsa Today
Vedic Dharma Samaj/Fremont Hindu Temple
Vietnamese American Conservative Association
Vishwa Hindu Parishad of America – Los Angeles
Yoga Bharati
Over approximately 2,000 individuals
ARGUMENTS IN SUPPORT: According to the co-sponsors of the bill:
California is home to many South Asians who contribute immensely to local education, corporate, and community organizations. Our California members affirm that caste-oppressed families in the state not only experience significant discrimination based on race but caste as well. Caste may not be as visible as race to the California legislature, but it is a longstanding system of exclusion both in our homelands and within intergovernmental bodies like the UN, the EU, and many others…
We ask[] that you stand with and create safe harbors for our caste-oppressed neighbors, friends, co-workers, faith leaders, and family members so that they can safely come out and exercise their rights. Without institutional support and protection, caste-oppressed Californians will endure continued discrimination.
ARGUMENTS IN OPPOSITION: According to the Hindu American Foundation:
Absent a historical or current legal basis to regulate caste in the United States and the lack of an agreed-upon legal, academic or sociological definition, will administrators and the state be asked to rely on India’s laws related to caste and impose foreign laws on those working or residing in California? Or will administrators simply treat people of South Asian origin as presumptively guilty because SB-403 states as much? Will only South Asians be forced to answer intrusive questions about or be judged for who they are married to because the state has defined caste as limited to [marriage]? Or perhaps, will South Asians, unlike members of every other
racial or ethnic group, be required by the state or policy administrators to identify as “oppressed” or “oppressor”?
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
5/10/23 15:29:11
**** END ****
For example, some legal scholars argue that caste can be considered a form of race for purposes of the federal Title VII and Section 1981 anti-discrimination laws. (Brown et al., Does U.S. Federal Employment Law Now Cover Caste Discrimination Based on Untouchability? If All Else Fails There Is The Possible Application of Bostock v. Clayton County, 46 N.Y.U. Rev. of Law & Social Change 117, 125.) ↑
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: SB 403 (Author:Wahab)
Version: April 17, 2023
Hearing Date: April 25, 2023
Fiscal: Yes
Urgency: No
Consultant: AWM
SUBJECT
Discrimination on the basis of caste
DIGEST
This bill clarifies that discrimination on the basis of caste, as defined, is prohibited under existing anti-discrimination statutes, as specified.
EXECUTIVE SUMMARY
California has a broad policy against discrimination on the basis of race, ethnicity, color, national origin, ancestry, and a number of other characteristics that have no bearing on a person’s character or individual merit. The Unruh Civil Rights Act protects against arbitrary discrimination by private businesses open to the public; the Fair Employment and Housing Act (FEHA) protects against discrimination in employment and housing; and statutes in the Education and Government Codes protect against discrimination in public services, programs, and education.
From time to time, this State has recognized the need to clarify the scope of our anti-discrimination laws to reflect shifts in the ways people understand their identities. For example, in 2011, AB 887 (Atkins, Ch. 719, Stats. 2011) was enacted to expressly add “gender identity” and “gender expression” throughout both the Unruh Civil Rights Act and FEHA and defined “gender expression” to mean a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth, to clarify the scope of those laws’ prohibition on gender-based discrimination.
This bill adds “caste” as an expressly prohibited basis for discrimination under these laws, in response to increasing reports that caste-based discrimination is occurring in California. According to the author and sponsors of the bill, caste-based discrimination is occurring in businesses, workplaces, housing, and schools, particularly in communities with high populations of individuals from South Asian diasporic communities. While caste-based discrimination is already implicitly covered under the protected categories of race and color, ethnicity, national origin, and ancestry, this bill is intended to make the prohibition explicit in order to clearly signal to businesses, employers, landlords and other housing providers, and public programs and schools that discrimination on the basis of caste is not permitted in this state.
This bill is sponsored by the Alphabet Workers Union–Communication Workers of America, the Ambedkar Association of North America, the Asian Pacific American Labor Alliance, Equality Labs, Hindus for Caste Equity, Jakarta Movement, the Sikh American Legal Defense and Education Fund, the Sikh Coalition, the South Asian Network, the Tech Equity Collaborative, and is supported by over 80 organizations and approximately 40 individuals. This bill is opposed by 40 organizations and over 1,400 individuals.
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.)
- Provides that no person in the State shall, on the basis of their actual or perceived sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state, including at the California State University. (Gov. Code, § 11135.)
- Establishes the Fair Employment and Housing Act (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.)
- Establishes the Civil Rights Department (CRD) (formerly DFEH), which is tasked with enforcing California’s civil rights laws, issuing publications that will tend to minimize or eliminate prohibited discrimination, providing assistance to communities and persons in resolving disputes relating to discriminatory practices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, veteran or military status, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, familial status, age, reproductive health decisionmaking, or sexual orientation that impair the rights of persons in those communities under the Constitution or laws of the United States or of this state. (Gov. Code, §§ 12930, 12931.)
This bill:
- Clarifies that discrimination on the basis of caste is prohibited under the civil rights laws set forth in 1)-4), above.
- Defines “caste,” for purposes of 1), as an individual’s perceived position in a system of social stratification on the basis of inherited status; a system of social stratification on the basis of inherited status may be characterized by factors that may include, but are not limited to: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
- Extends the CRD’s authority under 5) to include anti-caste-discrimination enforcement activities, consistent with its other activities surrounding other protected characteristics.
COMMENTS
- Author’s comment
According to the author:
I have heard from constituents about their experiences with caste-based discrimination---which is an unfamiliar concept for many---in the workplace, in education, healthcare, and housing. Dalit women, for instance, have spoken to me about receiving death and rape threats for speaking out about the discrimination they have endured here in California. While existing anti-discrimination laws cover discrimination on the basis of caste, the term is not expressly listed, and I believe adding the term will strengthen our laws and make clear that California does not tolerate any type of discrimination. Just because we are in the United States does not mean biases that originated elsewhere are not present here.
2. California’s broad anti-discrimination laws
The Unruh Civil Rights Act “is this state’s bulwark against arbitrary discrimination in places of public accommodation.”[1] The statute enumerates several prohibited bases for discrimination—including race, national origin, and ancestry—which are illustrative of characteristics protected from discrimination, rather than restrictive.[2] “The Legislature’s desire to banish such practices from California’s community life has led [the California Supreme Court] to interpret the Act’s coverage ‘in the broadest sense reasonably possible.’ ”[3]
California also prohibits discrimination on the basis of a range of characteristics, including race, sex, color, ancestry, and national origin, in publicly provided and funded activities and benefits, including at the California State University.[4] Additionally, California has policies of affording students in public schools equal rights and opportunities in the educational institutions of the state and to prohibit discrimination based characteristics including disability, gender, nationality, and race or ethnicity.[5] To that end, public schools in California “have an affirmative duty to protect public school students from discrimination and harassment engendered by race, gender, sexual orientation or disability.”[6]
FEHA protects Californians’ civil rights at work and in the home. FEHA “is a comprehensive scheme for the realization of the state’s public policy ‘to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without abridgement on account of” enumerated characteristics,[7] and provides greater protection than federal law against discrimination in housing.[8] Like the Unruh Civil Rights Act, “FEHA is to be ‘construed liberally.’ ”[9]
In all of these statutory frameworks, a person violates the prohibition against discrimination if they discriminate against another person on the basis of what the discriminator perceives to be the victim’s protected characteristic, whether or not the perception is correct.[10] So, for example, if an employer took negative employment action against an employee on the basis of what they believed to be the employee’s race, the employee could state a claim for employment discrimination even though the employee was not actually a member of that race.[11]
3. This bill expressly adds discrimination on the basis of caste to California’s anti-discrimination laws, clarifying existing law
This bill clarifies that discrimination on the basis of caste is prohibited under the Unruh Civil Rights Act, state laws prohibiting discrimination in publicly funded programs and public education, and FEHA. This change is intended to provide additional clarity to businesses, employers, and schools about what forms of discrimination are prohibited. While it may seem clear to some that caste falls into existing enumerated categories, the reports of caste-based discrimination in the state suggest that employers and other entities are not adequately protecting against this form of discrimination without a specific statutory reference to caste.
As defined in the bill, “caste” is a person’s perceived position in a system of social stratification on the basis of inherited status; a caste system may be characterized by factors that may include, but are not limited to: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status. Caste can intersect with, and incorporate, existing concepts of race and color, ethnicity, national origin, and ancestry.[12]
Although caste systems are hierarchical, the bill is neutral in its approach to the nature of the caste-based discrimination: discrimination on the basis of someone’s perceived position in the system is prohibited regardless of whether the position is considered a “high” position or a “low” position in the hierarchy. Accordingly, a person who experienced discrimination because someone believed they were in a dominant caste would have just as much of a claim as a person who experienced discrimination because it was believed they were a member of a historically disfavored caste. Similarly, the bill does not require both the discriminator and the victim of discrimination to identify as being a member of a caste system; a person who believed they were not part of a system could still violate the laws if they discriminated against a person based on their understanding of the person’s caste. The bill is also neutral in that it applies to all caste systems, regardless of the origin of the system.
The bill is a response to numerous reports that caste-based discrimination is occurring in California. In 2022, the California State University updated its anti-discrimination policy to expressly prohibit discrimination on the basis of caste.[13] The CRD is currently litigating against Cisco Systems, Inc., for allegedly engaging in discrimination on the basis of caste; the complaint pleads caste as a component of all of ancestry, national origin/ethnicity, and race/color.[14] Many of the reports of caste-based discrimination appear to be on the basis of perceived caste status within the South Asian caste system.[15] For example, the South Asian Network, one of the bill’s sponsors, notes:
In our service provision we see caste operate across many domains and our staff have fielded several complaints that show the extent of the problem. It shows up where caste manifests amongst workers in the restaurant field and construction work where caste-oppressed laborers face discriminatory and dangerous working conditions while facing harassment, wage theft, and even trafficking. We also see it show up in the discrimination amongst the small business in our service provision area. It also shows up in housing discrimination where caste-oppressed families can be denied housing rentals if the landlord is dominant caste and finds out they come from a lower caste. And finally caste shows up in interpersonal violence where caste is an element of coercive control that many caste-oppressed survivors complain about.
As discussed further below, the bill’s opponents strenuously object to what they perceive as this bill’s association of caste-based discrimination with South Asians. They argue that, while this bill does not expressly limit its application to the perceived South Asian caste hierarchy, popular American culture treats caste as an exclusively South Asian phenomenon; and that, given that Asians and Asian Americans are already disfavored classes within America’s white supremacist hierarchy,[16] adding “caste” as an explicit category will serve as an additional basis for anti-Asian bias.[17] There is also concern that, by codifying the concept of caste, persons of South Asian descent will be required to identify as having a particular caste, even if they and their families left that identity behind.
In the context of the surge of anti-Asian hate in this country, fears that non-Asian Americans will latch onto caste-related concepts as a pretext for anti-Asian stigma are understandable. But, as the authors and supporters note, caste-based discrimination is currently happening in California; failing to codify the concept of caste could slow the availability of redress and the ability of caste-discriminated individuals to obtain justice. Moreover, any discrimination against persons of South Asian descent would also be prohibited by the state’s anti-discrimination laws, [18] which should provide some measure of protection against those fears.
With respect to the concern that including “caste” will force persons, and particularly persons of South Asian descent, to identify as having a caste, the bill was crafted carefully to avoid this outcome. The bill’s definition of “caste” deliberately refers to a person’s perceived caste. To take advantage of this bill’s protections, no one has to affirmatively embrace a caste identity (though of course they may); they simply need to establish that the discriminator believed that the person was a member of a particular caste and engaged in discrimination on that basis. This is consistent with the existing prohibitions on discrimination on the basis of perceived characteristics, without reifying caste as a phenomenon that exists objectively outside of the discriminator’s belief in the system and the victim’s position in it.
Relatedly, some opponents have stated the concern that the state will begin policing marriage, due to the definition of a “caste” system as one that may include socially enforced restrictions on marriage. This misunderstands the purpose of the definition. The reference to marriage restrictions is for the purpose of identifying whether a discriminator may be applying a caste framework in dealing with others; because many caste systems enforce caste through marriage restrictions, and by penalizing those who marry outside the caste-prescribed boundaries, a focus on marriage could help an employer, or a business, determine whether a person is trying to determine the caste of another for discriminatory purposes. So, for example, if a hiring manager asked a potential employee questions about their spouse’s last name and profession, this could be offered as evidence that the hiring manager was attempting to ascertain the potential employee’s caste. This bill does not provide a basis for the state, or for any person or entity covered by the laws being amended, to preemptively start inquiring about a person’s marriage status or who a person’s spouse is; that is exactly the kind of conduct this bill is trying to prevent.
4. Arguments in support
According to the co-sponsors of the bill, the Alphabet Workers Union – Communication Workers of America, the Ambedkar Association of North America, the Asian Pacific American Labor Alliance, Equality Labs, Hindus for Caste Equity, Jakarta Movement, the Sikh American Legal Defense and Education Fund, the Sikh Coalition, the South Asian Network, the Tech Equity Collaborative:
California is home to many South Asians who contribute immensely to local education, corporate, and community organizations. Our California members affirm that caste-oppressed families in the state not only experience significant discrimination based on race but caste as well. Caste may not be as visible as race to the California legislature, but it is a longstanding system of exclusion both in our homelands and within intergovernmental bodies like the UN, the EU, and many others…
We ask[] that you stand with and create safe harbors for our caste-oppressed neighbors, friends, co-workers, faith leaders, and family members so that they can safely come out and exercise their rights. Without institutional support and protection, caste-oppressed Californians will endure continued discrimination.
According to the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance:
Caste-based discrimination is recognized and prohibited under the International Convention on the Elimination of Racial Discrimination (ICERD), which the United States of America ratified in 1994. As Article 1(1) reflects, States drafted ICERD to incorporate a broad definition of racial discrimination. Article 1(1) states “in this Convention, the term “racial discrimination” shall mean any distinction, exclusion, restriction or preference based on race, colour descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural, or any other field of public life.”
The Committee on the Elimination of Racial Discrimination in its General recommendation No.29[19] (2002) strongly reaffirmed that “discrimination based on “descent” includes discrimination against members of communities based on forms of social stratification such as caste and analogous systems of inherited status which nullify or impair their equal enjoyment of human rights”…
Passing this bill into law and adding caste to the grounds for discrimination listed in various sections of the State of California legislation would strengthen the legal framework in place to recognise and prohibit discrimination, as recognised under ICERD and other international human rights treaties.
5. Arguments in opposition
Many opponents expressed dismay at this bill’s recognition of the concept of caste in state law and concerns that recognizing the concept in law will, perversely, encourage the adoption of caste-based identities in the United States. For example, according to the Dalit Bahujan Solidarity Network:
Most of our Dalit Bahujan organization members in California DO NOT identify themselves as Dalit because “Caste” and/or “Dalit” both are completely irrelevant in the United States. Most of our second generation US-born Indian American children do not even know their “Caste” because it is completely irrelevant. We, the members of Dalit Bahujan organizations are an integral part of the diverse and culturally rich Indian American diaspora. We share common Indian cultural values, celebrate and enjoy our Indian festivals together, celebrate important personal events such as birthdays, anniversaries together, visit and pray at the same Hindu temples together without anyone ever worrying about “Caste” and/or “Dalit.” We, the Indian Americans, work hard and take pride in contributing to American society. We are contributors and don’t want to identify ourselves as “Caste-Oppressed.” SB 403’s bill language now unintentionally forces our Dalit Bahujan organization members to retain our identity as “Dalit,” i.e., “Caste-Oppressed” for the fear of being labeled as “Caste Oppressors” if we choose not to identify ourselves as Dalit.
Other opponents express concern that expressly codifying caste as a prohibited basis for discrimination will, perversely, increase discrimination against all persons of South Asian descent. The Hindu American Foundation writes:
Absent a historical or current legal basis to regulate caste in the United States and the lack of an agreed-upon legal, academic or sociological definition, will administrators and the state be asked to rely on India’s laws related to caste and impose foreign laws on those working or residing in California? Or will administrators simply treat people of South Asian origin as presumptively guilty because SB-403 states as much? Will only South Asians be forced to answer intrusive questions about or be judged for who they are married to because the state has defined caste as limited to [marriage]? Or perhaps, will South Asians, unlike members of every other racial or ethnic group, be required by the state or policy administrators to identify as “oppressed” or “oppressor”?
SUPPORT
Alphabet Workers Union – Communication Workers of America (co-sponsor)
Ambedkar Association of North America (co-sponsor)
Asian Pacific American Labor Alliance (co-sponsor)
Equality Labs (co-sponsor)
Hindus for Caste Equity (co-sponsor)
Jakarta Movement (co-sponsor)
Sikh Coalition (co-sponsor)
Sikh American Legal Defense and Education Fund (co-sponsor)
South Asian Network (co-sponsor)
Tech Equity Collaborative (co-sponsor)
Academics in Support of SB 403
ACLU California Action
Alameda County Democratic Party, Central Committee
Ambedkar International Center
Ambedkar International Co-Ordination Society
Ambedkar International Mission Center Houston, USA
Ambedkar International Mission Society, Calgary
Ambedkar International Social Reform Organization
Ambedkar King Study Circle
Ambedkar Times
Ambedkarite Buddhist Association of Texas
Ambedkarites International Mission Society – Canada
Americans Against Caste Discrimination
Asian Americans Advancing Justice – Asian Law Caucus
Asian American Disinformation Table
Begumpura Cultural Society of New York
Bend the Arc: Jewish Action California
Boston South Asian Coalition
Boston Study Group
California Association of Human Relations Commissions
California Employment Lawyers Association
California Faculty Association
California Immigrant Policy Center
Chetna Association of Canada
Coalition of Americans for Pluralism in India
Coalition of Seattle Indian Americans
Consumer Attorneys of California
Council on American-Islamic Relations, California
Dalit Solidarity Forum
Desh Doaba
DFW Shri Guru Ravidass Organization, Mesquite, TX
Dhamma Waves
Dr. Ambedkar International Mission, Toronto
Dr. B.R. Ambedkar Educational Aid Society, Fremont, CA
Dr. Cornel West
Federation of Indian American Ambedkarities of Bay Area
Feminist Critical Hindu Studies Collective
Friends for Education International
Global NRI Forum
Global Bahujan Group
Great Truth
Hidden Leaf Foundation
Hindus for Human Rights
India Civil Watch International
Indian American Muslim Council
International Bahujan Organization
International Bajuhan Organization CA
International Bodhisattva Guru Ravidass Organization Inc.
Legal Aid at Work
me too. International
Mental Health Professionals for Caste Equity and Healing
National Academic Coalition for Caste Equity
National Association of Social Workers – California Chapter
Periyar Ambedkar Study Circle
Periyar International USA
Power in Education
Proud Ravidassia Global Organization
Radha Swami Rasila Satsang Center, Fresno, CA
Sahayaatra International Alliance for Social Justice
Saman Sangh
Santa Clara County Democratic Party
Seattle Councilmember Ksharma Sawant
Shri Guru Ravidass Sabha, Fresno, CA
Shri Guru Ravidass Sabha, New York
Shri Guru Ravidass Temple, Pittsburgh, CA
Shri Guru Ravidass Temple, Rio Linda, CA
Shri Guru Ravidass Temple, Selma, CA
Shri Guru Ravidass Temple, Union City, CA
Shri Guru Ravidass Temple, Yuba City, CA
Sikh American Legal Defense and Education Fund
Socialist Alternative – Bay Area
South Asia Scholar Activist Collective
South Asian Coalition to Renew Democracy
South Asian Dalit Adivasi Network, Canada
South Asian Left Activist Movement
South Asian SOAR
Southern Asian Bar Association of North America
Sri Guru Ravidass Sabha Ontario
Sri Guru Ravidass Society, Calgary
Stanford Heisler Sharp, LLP
Stop AAPI Hate
Tech Workers for Caste Equity
United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
United Way of Northern California
V-Day
Workers Strike Back
Approximately 40 individuals
OPPOSITION
Ambedkar-Phule Network of American Dalits and Bahujans
American Hindu Federation
American Hindus Against Defamation
American Muslim and Multifaith Women’s Empowerment Coalition
Americans for Equality
Americans4Hindus
Annapoorna USA Foundation
Bangladeshi Minorities in USA
Bay Area Youth Vaishnav Parivar
Bharati Tamil Sangam
Coalition of Hindus of North America
Dalit-Bahujan Solidarity Network
Federation of Indo-Americans of Northern California
Foundation for India and Indian Diaspora Studies
Fremont Hindu Temple
Hindu American Foundation
Hindu American Political Action Committee
Hindu Community Institute
Hindu Cultural Center
Hindu Mandir Executives’ Conference
Hindu Speakers Bureau
HinduACTion
HinduPact
Hindus Not Caste-Oppressors
HSS-USA
India Heritage Foundation
Indian Americans of Irvine and Orange County
Indo-American Community Federation
InterfaithShaadi
Mandir
My Temple
Sewa International, Inc.
Shiva Murgan Temple
Silicon Valley Chinese Association
Silicon Valley Interreligious Council
The Khalsa Today
Vedic Dharma Samaj/Fremont Hindu Temple
Vietnamese American Conservative Association
Vishwa Hindu Parishad of America – Los Angeles
Yoga Bharati
Over 1,400 individuals
RELATED LEGISLATION
Pending legislation: None known.
Prior legislation:
AB 699 (O’Donnell, Ch. 493, Stats. 2017) expressly added “immigration status” as a protected status for purposes of the state’s policy prohibiting discrimination in public educational institutions.
SB 600 (Pan, Ch. 282, Stats. 2015) extended the protections of the Unruh Civil Rights Act to persons regardless of citizenship, primary language, or immigration status.
**************
Isbister v. Boys’ Club of Santa Cruz, Inc. (1985) 40 Cal.3d 72, 75. ↑
In re Cox (1970) 3 Cal.3d 205, 212. ↑
Isbister, supra, 40 Cal.4d at pp. 75-76. ↑
Gov. Code, § 11135. ↑
Ed. Code, §§ 200, 210.2. A “public” school covered by the policy includes any private institution that accepts public funding, exempting an educational institution controlled by a religious organization if the principles are inconsistent with the religious tenets of that organization. (Id., §§ 220, 221.) ↑
Hector F. v. El Centro Elementary School Dist. (2014) 227 Cal.App.4th 331, 333. ↑
State Personnel Bd. v. Fair Employment & Housing Com. (1985) 39 Cal.3d 422, 428. ↑
Brown v. Smith (1997) 55 Cal.App.4th 767, 780. ↑
Auburn Woods I Homeowners Assn. v. Fair Employment & Housing Com. (2004) 121 Cal.App.4th 1578, 1590. ↑
See Civ. Code, § 51(e)(6); Ed. Code, § 210.2; Gov. Code, §§ 11135(d), 12926(o), 12955(m). ↑
See, e.g., Berro v. County of Los Angeles (Cal.Ct.App., Dec. 22, 2014) 2014 WL 7271181, pp. *6-7. ↑
For example, some legal scholars argue that caste can be considered a form of race for purposes of the federal Title VII and Section 1981 anti-discrimination laws. (Brown et al., Does U.S. Federal Employment Law Now Cover Caste Discrimination Based on Untouchability? If All Else Fails There Is The Possible Application of Bostock v. Clayton County, 46 N.Y.U. Rev. of Law & Social Change 117, 125.) ↑
See CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (Nondiscrimination Policy), art. II, available at https://calstate.policystat.com/policy/12891658/latest/. All links in this analysis are current as of April 23, 2023. ↑
See California Department of Fair Employment and Housing v. Cisco Systems, Inc. et al. (20CV372366). The CRD recently dismissed the two individual defendants and is scheduled to mediate with Cisco Systems later this year. ↑
The socially constructed nature of caste systems can mean there is no absolute consensus on the precise boundaries of a system. (Cf., e.g., Ozawa v. U.S. (1922) 260 U.S. 178, 196-197 (discussing different frameworks for discerning the meaning of “white person”).) For example, in the context of the South Asian caste system, there is disagreement among the supporters and opponents about whether a rigid caste hierarchy is native to South Asia or was the product of colonialism and a British effort to impose an intra-South Asian hierarchy to bolster British imperial rule. This is a fascinating debate for historians, but it does not meaningfully affect the policy set forth in the bill, i.e., ending discrimination occurring in the present. The fact that some persons have apparently decided to embrace a socially constructed caste hierarchy and discriminate on that basis in California is adequate reason for this Legislature to prohibit that discrimination, even if other persons who may be part of that hierarchy disagree on its existence or its historical origin. In other words, there does not need to be absolute consensus on the origin of, or discourse surrounding, a concept that gives rise to discrimination before a state can take action to prevent that discrimination. ↑
Which may also be a caste system; in Caste: The Origins of Our Discontent, Isabel Wilkerson argues that the American white supremacist hierarchy is a caste system. (Wilkerson, Caste: The Origins of Our Discontent (2020), p. 17 (the “shape-shifting, unspoken, race-based caste pyramid in the United States is one of the “three caste systems that have stood out to this day,” along with the “tragically accelerated, chilling, and officially vanquished caste system of Nazi Germany,” the “lingering, millennia-long caste system of India.”).) ↑
Opponents similarly express concern that codifying “caste” could give rise to anti-Hindu bias, so it is worth noting that the concept of “caste” is not inherent to a single religion and does not necessarily incorporate religion; neither the supporters nor opponents of the bill treat caste as an exclusively Hindu phenomenon. This is confirmed by a study by the Carnegie Endowment for Peace, which reports that Muslims, Buddhist, Sikh, and Christians fall into Indian legal caste categories in varying rates. (Badrinathan et al., Social Realities of Indian Americans: Results From the 2020 American Attitudes Study, Carnegie Endowment for International Peace (2021) p. 19.) And even if some forms of caste-based discrimination had a religious component, a generally applicable antidiscrimination law that “prohibits all discrimination without reference to motivation” and whose “object is to prohibit discrimination irrespective of reason” does not run afoul of the Free Exercise Clause or the California Constitution’s guarantee of the free exercise and enjoyment of religion. (Smith v. Fair Employment & Housing Com. (2006) 12 Cal.4th 1143, 1161-1162.) This bill thus does not appear to pose any free exercise concerns. ↑
E.g., Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721, 726 (“Under the [Unruh Civil Rights Act], however, an individual who has committed no such misconduct cannot be excluded solely because he falls within a class of persons whom the owner believes is more likely to engage in misconduct than some other group”). ↑
United Nations, Committee on the Elimination of Racial Discrimination, General recommendation No.29 (2002), available at
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2FCERD%2FGEC%2F7501&Lang=en. ↑
Discussed in Hearing
14MIN
Senate Floor
8MIN
Assembly Floor
45SEC
Assembly Floor
9MIN
Assembly Standing Committee on Appropriations
1H
Assembly Standing Committee on Judiciary
6MIN
Senate Floor
2H
Senate Standing Committee on Judiciary
Bill Author
Bill Co-Author(s):
