California 2019-2020 Regular Session Status: To Executive

SB 218 — Employment: discrimination enforcement: local government.

Last action — Veto sustained.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) The California Fair Employment and Housing Act (FEHA) prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Department of Fair Employment and Housing, including authorizing the department to accept complaints alleging violations of FEHA. Under FEHA, it is the intention of the Legislature that FEHA occupy the field of regulation of discrimination in employment, but that FEHA not limit or restrict the application of the Unruh Civil Rights Act. The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. This bill, among other things, would revise that preemption and authorize the legislative body of a local government, located within the County of Los Angeles, to enact a local antidiscrimination ordinance relating to employment, including establishing remedies and penalties for violations. The bill would authorize a local government to create a local agency to enforce local antidiscrimination laws (local enforcement agency) . The bill would additionally authorize a local government to designate a local enforcement agency to act as a fair employment practice agency (FEPA) if that local enforcement agency agrees to accept all charges of employment discrimination that would be accepted by the federal government, subject to requirements described below. The bill would authorize a local enforcement agency to perform certain administrative, investigative, and enforcement actions, including the award of the full scope of remedies available under FEHA and any remedies available under the local antidiscrimination ordinance. The bill would require that the local agency establish a specified internet website and publish an annual report relating to complaints accepted. The bill would authorize a party to seek judicial review of an agency's binding determination under these provisions. This bill would deem a complaint filed with the local agency to also be a complaint under FEHA, except as specified. The bill would require the department to coordinate with a local enforcement agency to establish a specified filing relationship that allows the agency to accept complaints under FEHA. The bill would authorize an individual to file a complaint with both a local enforcement agency and the department, but would provide that initially filing a complaint with the department extinguishes a complainant's right to file a complaint based on the same allegations with a local enforcement agency under a local antidiscrimination ordinance. The bill would require the department to notify a complainant of their right to dual file and of that extinguishment. (2) The federal Equal Employment Opportunity Commission (EEOC) works with various states' fair employment practice agencies to manage charges of discrimination under federal, state, and local laws. This bill would require a local enforcement agency that has been designated as a FEPA to enter into a work sharing agreement with the EEOC, as specified, to provide for dual filing at the federal and local level. The bill would require a local enforcement agency that is not designated as a FEPA to help facilitate the filing of a complaint at the federal level. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

Bill Text

Action History

  1. Veto sustained.

  2. Stricken from file.

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

  4. Vetoed by the Governor.

  5. Enrolled and presented to the Governor at 10 a.m.

  6. Assembly amendments concurred in. (Ayes 33. Noes 0. Page 2960.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 50. Noes 17. Page 3581.) Ordered to the Senate.

  9. Ordered to third reading.

  10. Read third time and amended.

  11. Read second time. Ordered to third reading.

  12. Read second time and amended. Ordered to second reading.

  13. From committee: Do pass as amended. (Ayes 13. Noes 4.) (August 30).

  14. August 14 set for first hearing. Placed on APPR. suspense file.

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

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (July 9).

  17. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 26). Re-referred to Com. on JUD.

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

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

  20. Read third time. Passed. (Ayes 30. Noes 6. Page 1183.) Ordered to the Assembly.

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 5. Noes 0. Page 1093.) (May 16).

  23. Set for hearing May 16.

  24. May 13 hearing: Placed on APPR. suspense file.

  25. Set for hearing May 13.

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

  27. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 797.) (April 23).

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

  29. Set for hearing April 23.

  30. Referred to Com. on JUD.

  31. From printer. May be acted upon on or after March 9.

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

Sponsors

  • Bradford · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Bradford

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

SB 218 Bradford Senate Third Reading By JONES-SAWYER

Passed 50 Yea · 17 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 311407
Democratic 16204
Republican 3101
Total 5017012
% of votes cast 63%22%0%15%
How each member voted (79)
Member Party Vote
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Voepel — Yea
Chiu — Yea
Holden — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
McCarty — Yea
Weber — Yea
Salas — Nay
Fong — Nay
Brough — Nay
Kiley — Nay
Obernolte — Nay
Gray — Nay
Frazier — Nay
Bigelow — Nay
Melendez — Nay
Cooley — Nay
Smith — Nay
Cunningham — Nay
Waldron — Nay
Cooper — Not Voting
Rodriguez — Not Voting
Mayes — Not Voting
Mathis — Not Voting
Daly — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Unfinished Business

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 23004
Democratic 10000
Republican 0003
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Moorlach — Not Voting
Bates — Not Voting
Morrell — Not Voting
Mark Stone — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended.

Passed 13 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 8401
Total 13401
% of votes cast 72%22%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Fong — Nay
Brough — Nay
Obernolte — Nay
Bigelow — Nay
Diep — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 3000
Republican 0100
Total 9300
% of votes cast 75%25%0%0%
How each member voted (12)
Member Party Vote
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Obernolte — Nay
Kiley — Nay
Mark Stone — Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

3rd Reading

Passed 30 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 21501
Democratic 9000
Republican 0101
Total 30602
% of votes cast 79%16%0%5%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Chang — Yea
Pan — Yea
Moorlach — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Borgeas — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass

Passed 5 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 1000
Total 5001
% of votes cast 83%0%0%17%
How each member voted (6)
Member Party Vote
Bates — Not Voting
Wieckowski — Yea
Portantino — Yea
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Democratic 4000
Unaffiliated 4000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Allen — Yea
Monning — Yea
Borgeas — Yea
Wieckowski — Yea
Caballero, Anna M. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican 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 218 do?
(1) The California Fair Employment and Housing Act (FEHA) prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Department of Fair Employment and Housing, including authorizing the department to accept complaints alleging violations of FEHA. Under FEHA, it is the intention of the Legislature that FEHA occupy the field of regulation of discrimination in employment, but that FEHA not limit or restrict the application of the Unruh Civil Rights Act. The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. This bill, among other things, would revise that preemption and authorize the legislative body of a local government, located within the County of Los Angeles, to enact a local antidiscrimination ordinance relating to employment, including establishing remedies and penalties for violations. The bill would authorize a local government to create a local agency to enforce local antidiscrimination laws (local enforcement agency) . The bill would additionally authorize a local government to designate a local enforcement agency to act as a fair employment practice agency (FEPA) if that local enforcement agency agrees to accept all charges of employment discrimination that would be accepted by the federal government, subject to requirements described below. The bill would authorize a local enforcement agency to perform certain administrative, investigative, and enforcement actions, including the award of the full scope of remedies available under FEHA and any remedies available under the local antidiscrimination ordinance. The bill would require that the local agency establish a specified internet website and publish an annual report relating to complaints accepted. The bill would authorize a party to seek judicial review of an agency's binding determination under these provisions. This bill would deem a complaint filed with the local agency to also be a complaint under FEHA, except as specified. The bill would require the department to coordinate with a local enforcement agency to establish a specified filing relationship that allows the agency to accept complaints under FEHA. The bill would authorize an individual to file a complaint with both a local enforcement agency and the department, but would provide that initially filing a complaint with the department extinguishes a complainant's right to file a complaint based on the same allegations with a local enforcement agency under a local antidiscrimination ordinance. The bill would require the department to notify a complainant of their right to dual file and of that extinguishment. (2) The federal Equal Employment Opportunity Commission (EEOC) works with various states' fair employment practice agencies to manage charges of discrimination under federal, state, and local laws. This bill would require a local enforcement agency that has been designated as a FEPA to enter into a work sharing agreement with the EEOC, as specified, to provide for dual filing at the federal and local level. The bill would require a local enforcement agency that is not designated as a FEPA to help facilitate the filing of a complaint at the federal level. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.
Who sponsors SB 218?
SB 218 is sponsored by Bradford.
What is the current status of SB 218?
This bill died with 2019-2020 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 218?
Track SB 218 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 218

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 218

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →