California 2009-2010 Regular Session Status: To Executive

SB 242 — Civil rights: language restrictions.

Last action — Stricken from Senate file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The Unruh Civil Rights Act generally prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, national origin, disability, or medical condition. The act provides civil remedies for violations of its provisions. Under the California Fair Employment Housing Act, it is an unlawful employment practice for an employer to adopt or enforce a policy that prohibits the use of any language in the workplace, except if that policy is justified by business necessity, as defined, and prescribed notice of the policy and consequences for violation of the policy is given to employees. This bill would make it a violation of the Unruh Civil Rights Act to adopt or enforce a policy that requires, limits, or prohibits the use of any language in or with a business establishment, unless the policy is justified by a business necessity, as defined, and notification has been provided of the circumstances and the time when the language restriction or requirement is to be observed and of the consequences for its violation. The bill would define business necessity to require, among other things, that the language restriction or requirement is necessary for the safe and efficient operation of the business and that an equally effective, but less discriminatory, alternative practice does not exist. The bill would provide for an award of damages, and attorney's fees as may be determined by the court, for a violation of its provisions.

Bill Text

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 9 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 21. Noes 12. Page 2117.) To enrollment.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 48. Noes 27. Page 2671.) To Senate.

  8. Read second time. To third reading.

  9. Read second time. Amended. To second reading.

  10. (Heard in committee on June 30.)

  11. From committee: Do pass as amended. (Ayes 7. Noes 2.)

  12. Set, first hearing. Hearing canceled at the request of author.

  13. To Com. on JUD.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 21. Noes 15. Page 507.) To Assembly.

  16. Read second time. To third reading.

  17. From committee: Do pass. (Ayes 3. Noes 2. Page 383.)

  18. Set for hearing March 31.

  19. To Com. on JUD.

  20. From print. May be acted upon on or after March 27.

  21. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Yee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Yee

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB242 Yee

Passed 22 Yea · 12 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 201107
Democratic 2000
Republican 0100
Total 221207
% of votes cast 54%29%0%17%
How each member voted (41)
Member Party Vote
Yee — Yea
Cogdill — Nay
Corbett — Yea
Ducheny — Not Voting
Lowenthal — Yea
Negrete — Yea
Dutton — Nay
Hancock — Yea
Harman — Not Voting
Runner — Nay
Hollingsworth — Nay
Huff — Nay
Kehoe — Yea
Liu — Yea
Maldonado — Nay
McLeod — Yea
Alquist — Yea
Benoit — Not Voting
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Ashburn — Nay
Leno — Yea
Steinberg — Yea
Walters — Nay
Cedillo — Yea
Wyland — Nay
Correa — Not Voting
Cox — Not Voting
DeSaulnier — Yea
Denham — Nay
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 242 Yee Senate Third Reading By HAYASHI

Passed 57 Yea · 30 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 532804
Democratic 3000
Republican 1200
Total 573004
% of votes cast 63%33%0%4%
How each member voted (91)
Member Party Vote
Hagman — Nay
Yamada — Yea
Carter — Yea
Chesbro — Yea
Coto — Yea
Feuer — Yea
Fuentes — Yea
Hall — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Davis — Yea
Bill — Nay
Tom — Nay
Bass — Yea
Block — Yea
Huffman — Yea
Krekorian — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Fuller — Nay
Fletcher — Nay
Audra — Nay
Cook — Nay
Garrick — Nay
Gilmore — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Duvall — Nay
Miller — Nay
Nestande — Nay
Smyth — Nay
Torres — Not Voting
Tran — Not Voting
Adams — Not Voting
Ammiano — Yea
Anderson — Nay
Beall — Yea
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Logue — Nay
Ma — Yea
Nielsen — Nay
Silva — Nay
Swanson — Yea
Villines — Nay
Conway — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
DeVore — Nay
Furutani — Yea
Galgiani — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 6201
Total 7201
% of votes cast 70%20%0%10%
How each member voted (10)
Member Party Vote
Feuer — Yea
Knight — Nay
Krekorian — Yea
Lieu — Yea
Monning — Yea
Brownley — Yea
Silva — Nay
Tran — Not Voting
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Senate 3rd Reading SB242 Yee

Passed 22 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 201402
Democratic 2001
Republican 0100
Total 221503
% of votes cast 55%38%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Cedillo — Not Voting
Corbett — Yea
Negrete — Yea
Ducheny — Yea
Harman — Nay
Hollingsworth — Nay
Runner — Nay
Dutton — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Nay
Simitian — Yea
Wolk — Yea
Aanestad — Nay
Maldonado — Nay
Oropeza — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wright — Yea
Wyland — Nay
Cogdill — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 3 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Total 3200
% of votes cast 60%40%0%0%
How each member voted (5)
Member Party Vote
Florez — Yea
Harman — Nay
Corbett — Yea
Walters — Nay
Leno — Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does SB 242 do?
The Unruh Civil Rights Act generally prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, national origin, disability, or medical condition. The act provides civil remedies for violations of its provisions. Under the California Fair Employment Housing Act, it is an unlawful employment practice for an employer to adopt or enforce a policy that prohibits the use of any language in the workplace, except if that policy is justified by business necessity, as defined, and prescribed notice of the policy and consequences for violation of the policy is given to employees. This bill would make it a violation of the Unruh Civil Rights Act to adopt or enforce a policy that requires, limits, or prohibits the use of any language in or with a business establishment, unless the policy is justified by a business necessity, as defined, and notification has been provided of the circumstances and the time when the language restriction or requirement is to be observed and of the consequences for its violation. The bill would define business necessity to require, among other things, that the language restriction or requirement is necessary for the safe and efficient operation of the business and that an equally effective, but less discriminatory, alternative practice does not exist. The bill would provide for an award of damages, and attorney's fees as may be determined by the court, for a violation of its provisions.
Who sponsors SB 242?
SB 242 is sponsored by Yee.
What is the current status of SB 242?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 242?
Track SB 242 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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