AB 488 — Employment discrimination.

Summary

Existing law, the California Fair Employment and Housing Act, protects the right to seek, obtain, and hold employment without discrimination because of race, religious creed, physical disability, mental disability, sex, age, and sexual orientation, among other characteristics. The act prohibits various forms of employment discrimination, including discharging or refusing to hire or to select for training programs on a prohibited basis. The act prescribes requirements for filing complaints of employment discrimination with the Department of Fair Employment and Housing and charges this department with investigating and determining whether or not to bring a civil action on behalf of the complainant, among other duties. The act exempts employers from remedies for specified unlawful employment practices, including when the discrimination is on the basis of physical or mental disability and the disability prevents the employee from safely performing essential duties even with reasonable accommodations. The act excludes from the definition of "employee," any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. A special license permits the employment of individuals with disabilities at a wage less than the legal minimum wage. This bill would authorize an individual employed under a special license in a nonprofit sheltered workshop, day program, or rehabilitation facility to bring an action under the act for any form of harassment or discrimination prohibited by the act. The bill would provide an employer against whom the individual brings this action with an affirmative defense by proving, by a preponderance of evidence, that the challenged action was permitted by statute or regulation and was necessary to serve employees with disabilities under a special license. The bill would exempt an employer's obtaining a special license, or hiring or employing a qualified individual at a wage less than the minimum wage in conformity with a special license, from the act's provisions prohibiting discrimination based on disability. The bill would provide that the definition of employee was not intended to permit the harassment of, or discrimination against, an individual employed under a special license in a nonprofit sheltered workshop, day program, or rehabilitation facility.

Bill Text

• Chaptered 09/27/16 - Chaptered Current pdf September 27, 2016
• Enrolled 09/01/16 - Enrolled pdf September 01, 2016
• Amended 08/02/16 - Amended Senate pdf August 02, 2016
• Amended 06/21/16 - Amended Senate pdf June 21, 2016
• Amended 03/31/16 - Amended Senate pdf March 31, 2016
• Amended 01/04/16 - Amended Assembly pdf January 04, 2016
• Amended 04/14/15 - Amended Assembly pdf April 14, 2015
• Amended 03/26/15 - Amended Assembly pdf March 26, 2015
• Introduced 02/23/15 - Introduced pdf February 23, 2015
• AB488 View text html

Action History

1. September 27, 2016

   Chaptered by Secretary of State - Chapter 683, Statutes of 2016.

2. September 27, 2016

   Approved by the Governor.

3. September 08, 2016

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

4. August 30, 2016

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6446.).

5. August 26, 2016

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

6. August 15, 2016

   Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 11. Page 4970.).

7. August 03, 2016

   Read second time. Ordered to third reading.

8. August 02, 2016

   Read third time and amended. Ordered to second reading.

9. June 21, 2016

   Read second time and amended. Ordered to third reading.

10. June 20, 2016

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (June 14).

11. March 31, 2016

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

12. January 28, 2016

    Referred to Com. on JUD.

13. January 15, 2016

    In Senate. Read first time. To Com. on RLS. for assignment.

14. January 15, 2016

    Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 3427.)

15. January 07, 2016

    Read second time. Ordered to third reading.

16. January 06, 2016

    From committee: Do pass. (Ayes 7. Noes 0.) (January 6).

17. January 04, 2016

    Re-referred to Com. on L. & E.

18. January 04, 2016

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

19. April 20, 2015

    In committee: Set, first hearing. Hearing canceled at the request of author.

20. April 15, 2015

    Re-referred to Com. on L. & E.

21. April 14, 2015

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

22. April 06, 2015

    Re-referred to Com. on L. & E.

23. March 26, 2015

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

24. March 26, 2015

    Referred to Com. on L. & E.

25. February 24, 2015

    From printer. May be heard in committee March 26.

26. February 23, 2015

    Read first time. To print.

Sponsors

• Hueso · Cosponsor
• Jeff Gonzalez · Primary

Votes

Subjects