California 2017-2018 Regular Session Status: Enacted

SB 396 — Employment: gender identity, gender expression, and sexual orientation.

Last action — Chaptered by Secretary of State. Chapter 858, Statutes of 2017.

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

This bill has been enacted into law. Introduced February 15, 2017. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 12 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer's knowledge. FEHA requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified. This bill would additionally require employers with 50 or more employees to include, as a component of that prescribed training and education for supervisors, training inclusive of harassment based on gender identity, gender expression, and sexual orientation. FEHA requires each employer to post a poster on discrimination in employment, which includes information relating to the illegality of sexual harassment, in a prominent and accessible location in the workplace. The bill would also require each employer to post a poster developed by the Department of Fair Employment and Housing regarding transgender rights in a prominent and accessible location in the workplace. The California Workforce Innovation and Opportunity Act makes programs and services available to individuals with employment barriers and creates a board, composed of the Governor and Governor-appointed members who represent specified interests, including representatives of the state workforce, to carry out specified functions in furtherance of that act. This bill would expand the definition of an "individual with employment barriers" to include transgender and gender nonconforming individuals. The bill also would authorize the appointments to the board representing the state workforce to include representatives of community-based organizations that serve transgender and gender nonconforming individuals. This bill would incorporate additional changes to Section 14012 of the Unemployment Insurance Code proposed by AB 957 to be operative only if this bill and AB 957 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 858, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 28. Noes 8. Page 2997.) Ordered to engrossing and enrolling.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 1. Page 3026.)

  6. From committee: Be re-referred to Com. on L. & I.R. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 2952.) Re-referred to Com. on L. & I.R.

  7. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).

  8. In Senate. Concurrence in Assembly amendments pending.

  9. Read third time. Passed. (Ayes 58. Noes 16. Page 3400.) Ordered to the Senate.

  10. Ordered to third reading.

  11. Read third time and amended.

  12. Ordered to third reading.

  13. Read third time and amended. (Ayes 53. Noes 20. Page 2849.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 10. Noes 5.) (August 23).

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 5). Re-referred to Com. on APPR.

  17. Coauthors revised.

  18. From committee: Be re-referred to Com. on L. & E. (Ayes 11. Noes 0.) (July 3). Re-referred to Com. on L. & E.

  19. Joint Rule 62(a) suspended. (Ayes 46. Noes 18. Page 2425.)

  20. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HIGHER ED.

  22. June 20 set for first hearing canceled at the request of author.

  23. Referred to Coms. on HIGHER ED. and HEALTH.

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

  25. Read third time. Passed. (Ayes 29. Noes 10. Page 1277.) Ordered to the Assembly.

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 5. Noes 2. Page 1184.) (May 25).

  28. Set for hearing May 25.

  29. May 15 hearing: Placed on APPR. suspense file.

  30. Set for hearing May 15.

  31. May 8 hearing postponed by committee.

  32. Set for hearing May 8.

  33. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 886.) (April 26). Re-referred to Com. on APPR.

  34. From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 6. Noes 1. Page 782.) (April 19). Re-referred to Com. on HEALTH.

  35. Set for hearing April 26.

  36. Set for hearing April 19.

  37. Re-referred to Coms. on ED. and HEALTH.

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

  39. Referred to Com. on RLS.

  40. From printer. May be acted upon on or after March 18.

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

Sponsors

  • Lara · Primary
  • Thurmond · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 10 voted No

Sponsors (1)

  • Lara

Co-sponsors (1)

  • Thurmond

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 SB396 Lara et al. Concurrence

Passed 28 Yea · 8 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 24803
Democratic 4001
Total 28804
% of votes cast 70%20%0%10%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Bradford — Yea
Hernandez — Yea
Hueso — Yea
Leyva — Yea
Morrell — Nay
Pan — Yea
Wieckowski — Yea
Galgiani — Yea
Hertzberg — Yea
Hill — Yea
Portantino — Yea
Allen — Yea
Atkins — Yea
Cannella — Yea
Lara — Yea
Mitchell — Yea
De León — Yea
Bates — Not Voting
Dodd — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Newman — Yea
Nielsen — Nay
Roth — Yea
Skinner — Yea
Vidak — Nay
Wilk — Nay
Fuller — Nay
Glazer — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 396 Lara Senate Third Reading By THURMOND

Passed 58 Yea · 16 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 421204
Democratic 15000
Republican 1401
Total 581605
% of votes cast 73%20%0%6%
How each member voted (79)
Member Party Vote
Acosta — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Mathis — Nay
Mullin — Yea
O'Donnell — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Nay
Ting — Yea
Wood — Yea
Eggman — Yea
Baker — Yea
Burke — Yea
Chau — Yea
Chu — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Salas — Yea
Cooley — Yea
Gloria — Yea
Gray — Yea
Holden — Yea
Bocanegra — Yea
Cooper — Yea
Rubio — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Nazarian — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Harper — Nay
Fong — Nay
Maienschein — Yea
Melendez — Nay
Obernolte — Nay
Voepel — Not Voting
Bigelow — Nay
Chiu — Yea
Chávez — Not Voting
Cunningham — Nay
Waldron — Not Voting
Dababneh — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Not Voting
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 Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

SB 396 Lara Senate Third Reading By THURMOND Amend By THURMOND Set #1

Passed 53 Yea · 20 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 391504
Democratic 14001
Republican 0501
Total 532006
% of votes cast 67%25%0%8%
How each member voted (79)
Member Party Vote
Acosta — Nay
Baker — Yea
Bloom — Yea
Brough — Nay
Harper — Nay
Jones-Sawyer — Yea
Mathis — Nay
Nazarian — Yea
Rendon — Yea
Steinorth — Nay
Voepel — Nay
Wood — Yea
Eggman — Yea
Cooley — Yea
Gloria — Yea
Medina — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Rodriguez — Yea
Santiago — Yea
Salas — Yea
Burke — Yea
Gray — Yea
Frazier — Yea
Bocanegra — Yea
Friedman — Yea
Rubio — Yea
Holden — Yea
Fong — Nay
Kiley — Nay
Levine — Yea
Low — Yea
Maienschein — Yea
Mayes — Not Voting
McCarty — Yea
Bigelow — Nay
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooper — Yea
Melendez — Nay
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Not Voting
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Cunningham — Not Voting
Dababneh — Yea
Daly — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
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 Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
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 Not Voting
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.

Passed 10 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7402
Democratic 3000
Republican 0100
Total 10502
% of votes cast 59%29%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Not Voting
Brough — Nay
Eggman — Yea
Gonzalez Fletcher — Yea
Gray — Yea
Bocanegra — Yea
Fong — Nay
Friedman — Yea
Jones-Sawyer — Yea
Obernolte — Nay
Chau — Yea
Eduardo Garcia — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Be re-referred to the Committee on [Labor and Employment]

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 2000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Brough — Yea
Cooley — Yea
Fong — Yea
Salas — Yea
Levine — Yea
Nazarian — Yea
Waldron — Yea
Friedman — Yea
Cervantes, Sabrina Democratic Yea
Grayson, Timothy S. Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

3rd Reading

Passed 29 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 25901
Democratic 4100
Total 291001
% of votes cast 73%25%0%3%
How each member voted (40)
Member Party Vote
Hernandez — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Nay
Pan — Yea
Vidak — Yea
Cannella — Yea
Dodd — Yea
Hertzberg — Not Voting
Hueso — Yea
Leyva — Yea
Monning — Yea
Roth — Yea
Skinner — Yea
Atkins — Yea
Mitchell — Yea
Bradford — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Hill — Yea
Moorlach — Nay
Morrell — Nay
Newman — Yea
Anderson — Nay
Bates — Nay
Beall — Yea
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
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
Bates — Nay
Beall — Yea
Hill — Yea
Lara — Yea
Nielsen — Nay
Bradford — Yea
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
Nielsen — Yea
Hill — Yea
Lara — Yea
Bates — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

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 SB 396 do?
The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer's knowledge. FEHA requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified. This bill would additionally require employers with 50 or more employees to include, as a component of that prescribed training and education for supervisors, training inclusive of harassment based on gender identity, gender expression, and sexual orientation. FEHA requires each employer to post a poster on discrimination in employment, which includes information relating to the illegality of sexual harassment, in a prominent and accessible location in the workplace. The bill would also require each employer to post a poster developed by the Department of Fair Employment and Housing regarding transgender rights in a prominent and accessible location in the workplace. The California Workforce Innovation and Opportunity Act makes programs and services available to individuals with employment barriers and creates a board, composed of the Governor and Governor-appointed members who represent specified interests, including representatives of the state workforce, to carry out specified functions in furtherance of that act. This bill would expand the definition of an "individual with employment barriers" to include transgender and gender nonconforming individuals. The bill also would authorize the appointments to the board representing the state workforce to include representatives of community-based organizations that serve transgender and gender nonconforming individuals. This bill would incorporate additional changes to Section 14012 of the Unemployment Insurance Code proposed by AB 957 to be operative only if this bill and AB 957 are enacted and this bill is enacted last.
Who sponsors SB 396?
SB 396 is sponsored by Lara and Thurmond.
What is the current status of SB 396?
This bill has been enacted into law. Introduced February 15, 2017. Enacted.
Where can I track SB 396?
Track SB 396 free on One Click Politics — get push/email alerts when it moves.

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