California 2017-2018 Regular Session Status: To Executive 6 D cosponsors

AB 3080 — Employment discrimination: enforcement.

Last action — Vetoed by Governor.

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

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 imposes various restrictions on employers with respect to contracts and applications for employment. A violation of those restrictions is a misdemeanor. Existing law creates the Division of Labor Standards Enforcement, which is under the direction of the Labor Commissioner, and generally commits to the commissioner the authority and responsibility for the enforcement of employment laws. This bill would prohibit a person from, as a condition of employment, continued employment, the receipt of any employment-related benefit, or as a condition of entering into a contractual agreement, prohibiting an applicant for employment, employee, or independent contractor from disclosing to any person an instance of sexual harassment that the employee or independent contractor suffers, witnesses, or discovers in the workplace or in the performance of the contract, or otherwise opposing any lawful practice, or from exercising any right or obligation or participating in any investigation or proceeding with respect to unlawful harassment or discrimination. The bill would also prohibit an employer from requiring any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (FEHA) or other specific statutes governing employment, as a condition of employment, continued employment, the receipt of any employment-related benefit, or as a condition of entering into a contractual agreement. The bill would also prohibit an employer from threatening, retaliating or discriminating against, or terminating any applicant for employment or any employee because of the refusal to consent to the waiver of any right, forum, or procedure for a violation of specific statutes governing employment. The bill would establish a specific exemption from those prohibitions. Because a violation of these prohibitions would be a crime, the bill would impose a state-mandated local program. FEHA makes specified employment and housing practices unlawful and provides procedures for enforcement by the Department of Fair Employment and Housing. FEHA authorizes a person alleging a violation of specified provisions of the act relating to employment discrimination to submit a verified complaint to the Department of Fair Employment and Housing, and requires the department to take actions to investigate and conciliate that complaint. FEHA authorizes the department to bring a civil action on behalf of the person who submitted the complaint upon the failure to eliminate an unlawful practice under these provisions. FEHA requires the department to issue a right-to-sue notice to a person who submitted the complaint if certain conditions occur, and FEHA requires a person who has been issued a right-to-sue notice to bring an action within one year from when the department issued that notice. This bill would additionally make violations of the prohibitions described above, relating to sexual harassment and waivers, unlawful employment practices under FEHA. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3 p.m.

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 12. Page 5592.).

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 5. Noes 2.) (August 16).

  7. In committee: Referred to APPR. suspense file.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 27). Re-referred to Com. on APPR.

  9. From committee: Do pass and re-refer to Com. on L. & I.R. (Ayes 5. Noes 2.) (June 19). Re-referred to Com. on L. & I.R.

  10. Referred to Coms. on JUD. and L. & I.R.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 25. Page 5544.)

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered returned to second reading.

  15. From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 25).

  16. In committee: Set, first hearing. Referred to APPR. suspense file.

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 24). Re-referred to Com. on APPR.

  18. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (April 18). Re-referred to Com. on JUD.

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

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

  21. Referred to Coms. on L. & E. and JUD.

  22. From printer. May be heard in committee March 19.

  23. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 16 co-sponsors · 105 not signed on · 10 voted No

Sponsors (1)

  • Gonzalez Fletcher

Co-sponsors (16)

Not signed on (105)

105 members have not signed on to this bill.

Show all 105 →

"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

3rd Reading AB3080 Gonzalez Fletcher et al. By Jackson

Passed 26 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221102
Democratic 4100
Total 261202
% of votes cast 65%30%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Bradford — Yea
Hueso — Yea
Lara — Yea
Monning — Yea
Morrell — Nay
Skinner — Yea
Vidak — Nay
Delgado — Yea
Hertzberg — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Fuller — Nay
Cannella — Nay
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Hill — Yea
Leyva — Yea
Bates — Nay
Chang — Not Voting
Dodd — Yea
Moorlach — Nay
Nielsen — Nay
Pan — Yea
Roth — Yea
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Hill — Yea
Portantino — Yea
Bates — Nay
Nielsen — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Portantino — Yea
Hill — Yea
Beall — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 3080 GONZALEZ FLETCHER Assembly Third Reading

Passed 47 Yea · 25 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 361902
Democratic 11004
Republican 0600
Total 472506
% of votes cast 60%32%0%8%
How each member voted (78)
Member Party Vote
Acosta — Not Voting
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Kamlager-Dove — Yea
Levine — Yea
Mathis — Nay
Obernolte — Nay
Quirk — Yea
Thurmond — Yea
Wood — Yea
Eggman — Yea
Cunningham — Nay
Daly — Yea
Frazier — Yea
Gloria — Yea
Friedman — Yea
Harper — Nay
Rubio — Yea
Jones-Sawyer — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Low — Yea
Maienschein — Nay
McCarty — Yea
Medina — Yea
Melendez — Nay
Salas — Nay
Fong — Nay
Baker — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Cooper — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Nay
Waldron — Nay
Weber — Yea
Gray — Nay
Kiley — Nay
Mayes — Not Voting
Steinorth — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 3000
Republican 0100
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Not Voting
Nazarian — Yea
Quirk — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Obernolte — Nay
Chau — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

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 AB 3080 do?
Existing law imposes various restrictions on employers with respect to contracts and applications for employment. A violation of those restrictions is a misdemeanor. Existing law creates the Division of Labor Standards Enforcement, which is under the direction of the Labor Commissioner, and generally commits to the commissioner the authority and responsibility for the enforcement of employment laws. This bill would prohibit a person from, as a condition of employment, continued employment, the receipt of any employment-related benefit, or as a condition of entering into a contractual agreement, prohibiting an applicant for employment, employee, or independent contractor from disclosing to any person an instance of sexual harassment that the employee or independent contractor suffers, witnesses, or discovers in the workplace or in the performance of the contract, or otherwise opposing any lawful practice, or from exercising any right or obligation or participating in any investigation or proceeding with respect to unlawful harassment or discrimination. The bill would also prohibit an employer from requiring any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (FEHA) or other specific statutes governing employment, as a condition of employment, continued employment, the receipt of any employment-related benefit, or as a condition of entering into a contractual agreement. The bill would also prohibit an employer from threatening, retaliating or discriminating against, or terminating any applicant for employment or any employee because of the refusal to consent to the waiver of any right, forum, or procedure for a violation of specific statutes governing employment. The bill would establish a specific exemption from those prohibitions. Because a violation of these prohibitions would be a crime, the bill would impose a state-mandated local program. FEHA makes specified employment and housing practices unlawful and provides procedures for enforcement by the Department of Fair Employment and Housing. FEHA authorizes a person alleging a violation of specified provisions of the act relating to employment discrimination to submit a verified complaint to the Department of Fair Employment and Housing, and requires the department to take actions to investigate and conciliate that complaint. FEHA authorizes the department to bring a civil action on behalf of the person who submitted the complaint upon the failure to eliminate an unlawful practice under these provisions. FEHA requires the department to issue a right-to-sue notice to a person who submitted the complaint if certain conditions occur, and FEHA requires a person who has been issued a right-to-sue notice to bring an action within one year from when the department issued that notice. This bill would additionally make violations of the prohibitions described above, relating to sexual harassment and waivers, unlawful employment practices under FEHA. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 3080?
AB 3080 is sponsored by Gonzalez Fletcher, Mitchell, Friedman, Gloria, Kalra, Ash (Democratic), Kamlager-Dove, Levine, Leyva, McCarty, Muratsuchi, Al (Democratic), Reyes, Eloise Gómez (Democratic), Skinner, Weber, Carrillo, Juan (Democratic), Bonta, Mia (Democratic), Mark Stone, and Jackson, Corey A. (Democratic).
What is the current status of AB 3080?
This bill died with 2017-2018 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 AB 3080?
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