California 2017-2018 Regular Session Status: To Executive 1 D cosponsors

AB 1867 — Employment discrimination: sexual harassment: records.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the California Fair Employment and Housing Act, prohibits an employer from taking steps that constitute harassment against an employee, including sexual harassment, as defined. The act also prohibits an employer from failing to take corrective action to remedy harassment in the workplace if the employer knows or should have known of the harassment. The act also prohibits an employer from failing to take all reasonable steps necessary to prevent discrimination and harassment from occurring. The act requires the Department of Fair Employment and Housing to provide employers with a poster and an information sheet regarding sexual harassment, including, among other components, the internal complaint process of the employer available to the employee and the legal remedies and complaint process available through the department, and requires employers to post the poster in an accessible area of the workplace and either provide each employee with a copy of the information sheet or provide a specified minimum curriculum of sexual harassment education. The act 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. The act prohibits failure to maintain and preserve records relating to a verified complaint under the department complaint process until the complaint proceedings, including appeals, are terminated. This bill would require an employer with 50 or more employees to maintain internal complaint records of employee complaints alleging sexual harassment for a minimum of 5 years after the last day of employment of the complainant or any alleged harasser named in the complaint, whichever is later. The bill would authorize the department to seek an order requiring an employer that violates this recordkeeping requirement to comply.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 6367.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 4. Page 5268.).

  6. Read second time. Ordered to third reading.

  7. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  8. Read second time and amended. Re-referred to Com. on APPR.

  9. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 19).

  10. Read second time and amended. Re-referred to Com. on JUD.

  11. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 13).

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

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 10. Page 5157.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 12. Noes 3.) (May 2).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 18). Re-referred to Com. on APPR.

  18. Referred to Com. on L. & E.

  19. From printer. May be heard in committee February 12.

  20. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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

AB 1867 REYES Concurrence in Senate Amendments

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 54004
Democratic 16000
Republican 4002
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Kiley — Not Voting
Mathis — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Not Voting
Steinorth — Yea
Ting — Yea
Weber — Yea
Cooper — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Kamlager-Dove — Yea
Rivas — Yea
Levine — Yea
Low — Yea
Mayes — Yea
Baker — Yea
Chau — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Frazier — Not Voting
Harper — Yea
Maienschein — Yea
Chiu — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
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 Yea
Gabriel, Jesse 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 Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1867 Reyes By Wiener

Passed 31 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 26405
Democratic 5000
Total 31405
% of votes cast 78%10%0%13%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Yea
Bradford — Yea
Hill — Yea
Leyva — Yea
Morrell — Nay
Pan — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Delgado — Yea
Fuller — Not Voting
Galgiani — Yea
Allen — Yea
De León — Yea
Glazer — Yea
Cannella — Not Voting
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Chang — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Beall — Yea
Dodd — Yea
Lara — Yea
Monning — Yea
Moorlach — Not Voting
Nielsen — Nay
Roth — Yea
Wieckowski — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1867 REYES Assembly Third Reading

Passed 53 Yea · 10 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 387012
Democratic 14001
Republican 1302
Total 5310015
% of votes cast 68%13%0%19%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bloom — Yea
Brough — Nay
Harper — Nay
Kiley — Not Voting
Levine — Yea
Mullin — Yea
Obernolte — Nay
Quirk — Yea
Rendon — Yea
Thurmond — Yea
Eggman — Yea
Cooley — Yea
Burke — Yea
Gray — Yea
Frazier — Not Voting
Rubio — Yea
Friedman — Yea
Holden — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Maienschein — Yea
Fong — Not Voting
Mathis — Not Voting
Mayes — Not Voting
McCarty — Yea
Melendez — Not Voting
Nazarian — Yea
O'Donnell — Yea
Baker — Yea
Bigelow — Nay
Chiu — Yea
Chávez — Nay
Cooper — Not Voting
Cunningham — Nay
Steinorth — Not Voting
Voepel — Nay
Waldron — Not Voting
Wood — Yea
Chau — Yea
Chu — Yea
Low — Yea
Medina — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Gonzalez Fletcher — Yea
Salas — Yea
Daly — Yea
Gloria — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Not Voting
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 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 Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 3000
Republican 0001
Total 12302
% of votes cast 71%18%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Obernolte — Nay
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Not Voting
Chau — Yea
Nazarian — Yea
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does AB 1867 do?
Existing law, the California Fair Employment and Housing Act, prohibits an employer from taking steps that constitute harassment against an employee, including sexual harassment, as defined. The act also prohibits an employer from failing to take corrective action to remedy harassment in the workplace if the employer knows or should have known of the harassment. The act also prohibits an employer from failing to take all reasonable steps necessary to prevent discrimination and harassment from occurring. The act requires the Department of Fair Employment and Housing to provide employers with a poster and an information sheet regarding sexual harassment, including, among other components, the internal complaint process of the employer available to the employee and the legal remedies and complaint process available through the department, and requires employers to post the poster in an accessible area of the workplace and either provide each employee with a copy of the information sheet or provide a specified minimum curriculum of sexual harassment education. The act 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. The act prohibits failure to maintain and preserve records relating to a verified complaint under the department complaint process until the complaint proceedings, including appeals, are terminated. This bill would require an employer with 50 or more employees to maintain internal complaint records of employee complaints alleging sexual harassment for a minimum of 5 years after the last day of employment of the complainant or any alleged harasser named in the complaint, whichever is later. The bill would authorize the department to seek an order requiring an employer that violates this recordkeeping requirement to comply.
Who sponsors AB 1867?
AB 1867 is sponsored by Reyes, Eloise Gómez (Democratic).
What is the current status of AB 1867?
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 1867?
Track AB 1867 free on One Click Politics — get push/email alerts when it moves.

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