California 2013-2014 Regular Session Status: To Executive

SB 655 — Fair Employment and Housing Act: unlawful practices.

Last action — Consideration of Governor's veto stricken from 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 2013-2014 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment, participate in a labor organization, and participate in employment training or apprenticeship programs without discrimination or abridgment 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, or sexual orientation. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice under these provisions to file a complaint with the Department of Fair Employment and Housing and authorizes the department to bring a civil action on the behalf of the person in the case of a failure to eliminate an unlawful practice under these provisions. This bill would provide that, in a claim of discrimination or retaliation under these provisions, the person claiming to have been aggrieved shall prevail if he or she has proven that a protected characteristic or activity was a substantial motivating factor, as defined, in the employment action or decision. If an employer pleads and proves that it would have made the same employment action or decision at the same time, without considering the protected characteristic or activity, the remedies available to the employee would be limited as specified. In addition, if an employer pleads and proves that it would have made the same employment action or decision at the same time without considering the protected characteristic or activity, the bill would authorize injunctive relief and attorney's and expert's fees against the employer and would require a specified civil penalty to be paid by that employer to the employee.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 2 p.m.

  5. Assembly amendments concurred in. (Ayes 22. Noes 11. Page 2430.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 52. Noes 26. Page 3225.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Action rescinded whereby the bill was re-referred to Com. on RLS. pursuant to Assembly Rule 77.2.

  10. Re-referred to Com. on RLS. pursuant to Assembly Rule 77.2.

  11. Read third time and amended. (Page 2963.)

  12. Assembly Rule 69(b) suspended. (Ayes 53. Noes 24. Page 2962.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 7. Noes 3.) (August 13).

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

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

  17. Referred to Com. on JUD.

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

  19. Read third time. Passed. (Ayes 21. Noes 13. Page 1198.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 5. Noes 1. Page 663.) (April 23).

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  23. Set for hearing April 23.

  24. Re-referred to Com. on JUD.

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  26. Referred to Com. on RLS.

  27. Read first time.

  28. From printer. May be acted upon on or after March 25.

  29. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Wright · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Wright

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 SB655 Wright Concurrence

Passed 22 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 191106
Democratic 3000
Total 221106
% of votes cast 56%28%0%15%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Not Voting
Block — Yea
Hernandez — Yea
Lara — Yea
Pavley — Yea
Walters — Nay
Wolk — Not Voting
Wyland — Nay
Emmerson — Yea
Correa — Nay
Evans — Yea
DeSaulnier — Yea
Wright — Yea
Fuller — Nay
Hancock — Yea
Hill — Yea
Hueso — Yea
Knight — Nay
Corbett — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Steinberg — Yea
Torres — Yea
Vidak — Nay
De León — Not Voting
Cannella — Not Voting
Huff — Nay
Roth — Nay
Galgiani — Not Voting
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 655 Wright Senate Third Reading By BONTA

Passed 52 Yea · 26 Nay
Party YeaNayPresentNot Voting
Unaffiliated 482300
Democratic 4000
Republican 0300
Total 522600
% of votes cast 67%33%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Nay
Logue — Nay
Mansoor — Nay
Mullin — Yea
Nestande — Nay
Quirk — Yea
Skinner — Yea
Ting — Yea
Waldron — Nay
Williams — Yea
Frazier — Yea
Gomez — Yea
Lowenthal — Yea
Hagman — Nay
Garcia — Yea
Gray — Yea
Atkins — Yea
Hall — Yea
Fong — Yea
Mitchell — Yea
Campos — Yea
Bonilla — Yea
Levine — Yea
Medina — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Allen — Nay
Ammiano — Yea
Chau — Yea
Chesbro — Yea
Cooley — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Nazarian — Yea
Pan — Yea
Perea — Yea
Rendon — Yea
Weber — Yea
Wieckowski — Yea
Chávez — Nay
Conway — Nay
Harkey — Nay
Bigelow — Nay
Donnelly — Nay
Maienschein — Nay
Melendez — Nay
Morrell — Nay
Olsen — Nay
Wagner — Nay
Wilk — Nay
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Gorell — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5300
Democratic 2000
Total 7300
% of votes cast 70%30%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Nay
Wagner — Nay
Chau — Yea
Gorell — Nay
Stone — Yea
Wieckowski — Yea
Dickinson — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

3rd Reading

Passed 21 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 191304
Democratic 2001
Total 211305
% of votes cast 54%33%0%13%
How each member voted (39)
Member Party Vote
Anderson — Nay
Block — Yea
Hernandez — Yea
Huff — Nay
Lara — Yea
Pavley — Yea
Roth — Nay
Torres — Not Voting
Emmerson — Nay
Evans — Yea
DeSaulnier — Yea
Wright — Yea
Wyland — Nay
De León — Yea
Cannella — Nay
Fuller — Nay
Corbett — Yea
Correa — Nay
Hill — Yea
Hueso — Not Voting
Knight — Nay
Lieu — Yea
Monning — Yea
Nielsen — Nay
Price — Yea
Steinberg — Yea
Walters — Nay
Wolk — Not Voting
Beall — Yea
Leno — Yea
Liu — Yea
Galgiani — Not Voting
Yee — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Anderson — Nay
Walters — Not Voting
Evans — Yea
Corbett — Yea
Leno — Yea
Monning — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

Subjects

housing civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 655 do?
Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment, participate in a labor organization, and participate in employment training or apprenticeship programs without discrimination or abridgment 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, or sexual orientation. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice under these provisions to file a complaint with the Department of Fair Employment and Housing and authorizes the department to bring a civil action on the behalf of the person in the case of a failure to eliminate an unlawful practice under these provisions. This bill would provide that, in a claim of discrimination or retaliation under these provisions, the person claiming to have been aggrieved shall prevail if he or she has proven that a protected characteristic or activity was a substantial motivating factor, as defined, in the employment action or decision. If an employer pleads and proves that it would have made the same employment action or decision at the same time, without considering the protected characteristic or activity, the remedies available to the employee would be limited as specified. In addition, if an employer pleads and proves that it would have made the same employment action or decision at the same time without considering the protected characteristic or activity, the bill would authorize injunctive relief and attorney's and expert's fees against the employer and would require a specified civil penalty to be paid by that employer to the employee.
Who sponsors SB 655?
SB 655 is sponsored by Wright.
What is the current status of SB 655?
This bill died with 2013-2014 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 655?
Track SB 655 free on One Click Politics — get push/email alerts when it moves.

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