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<ns0:Description>
<ns0:Id>20250SB__047796CHP</ns0:Id>
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<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
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<ns0:ActionDate>2025-05-28</ns0:ActionDate>
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<ns0:ActionText>ENROLLED</ns0:ActionText>
<ns0:ActionDate>2025-09-12</ns0:ActionDate>
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<ns0:ActionText>CHAPTERED</ns0:ActionText>
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<ns0:ActionText>APPROVED</ns0:ActionText>
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<ns0:Action>
<ns0:ActionText>FILED</ns0:ActionText>
<ns0:ActionDate>2025-10-03</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>477</ns0:MeasureNum>
<ns0:MeasureState>CHP</ns0:MeasureState>
<ns0:ChapterYear>2025</ns0:ChapterYear>
<ns0:ChapterType>CHP</ns0:ChapterType>
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<ns0:ChapterNum>321</ns0:ChapterNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Blakespear</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Blakespear</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to amend Sections 12926, 12960, 12965, and 12981 of the Government Code, relating to civil rights.</ns0:Title>
<ns0:RelatingClause>civil rights</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>California Fair Employment and Housing Act: enforcement procedures.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based upon specified characteristics or status. The FEHA makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the department. The FEHA requires the department to make an investigation in connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA, and requires the department to endeavor to eliminate the unlawful practice by conference, conciliation, and
persuasion. Existing law authorizes a complaint to be filed by an aggrieved person or the department on behalf and as representative of a group or class if the alleged unlawful practice adversely affects, in a similar manner, a group or class of persons of which the aggrieved person is a member.</html:p>
<html:p>This bill would define the term “group or class complaint” for purposes of the FEHA.</html:p>
<html:p>Existing law tolls the time for a complainant to file a civil action alleging a violation of specified civil rights provisions commencing with the filing of a complaint with the department until the department files a civil action for the alleged violation or until one year after the department issues written notice that it has closed its investigation without filing a civil action.</html:p>
<html:p>This bill would additionally toll the time for a complainant to file a civil action if the complainant timely appeals to the
department the closure of their complaint until one year after the department issues written notice that it remains closed following the appeal.</html:p>
<html:p>Existing law authorizes the director to bring a civil action in the name of the department, acting in the public interest, on behalf of an aggrieved person if conference, conciliation, mediation, or persuasion fails to eliminate an unlawful practice. Existing law imposes a deadline of one or 2 years for the department to bring a civil action, as specified. Existing law requires those deadlines to be tolled during a dispute resolution proceeding.</html:p>
<html:p>This bill would additionally require those deadlines to be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint.</html:p>
<html:p>Under existing law, if the
department does not file a civil action, the department is required to promptly issue the person claiming to be aggrieved a right-to-sue notice upon request, as specified, or upon completion of its investigation and not later than one year after the filing of the complaint. For a complaint treated as a group or class complaint, existing law requires the department to issue a right-to-sue notice upon completion of its investigation and not later than 2 years after the filing of the complaint. Existing law requires these deadlines to be tolled during a dispute resolution proceeding.</html:p>
<html:p>Under this bill, if the department determines that an aggrieved person’s complaint relates to a complaint filed in the name of the director or a group or class complaint, as specified, the department would be required to issue a right-to-sue notice after the director’s or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions,
appeals, or related proceedings have terminated. The bill would require this deadline and the above-described deadlines relating to issuing a right-to-sue notice to additionally be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint.</html:p>
<html:p>Existing law authorizes the department, in the case of failure to eliminate specified violations relating to housing discrimination that have occurred, or that are about to occur, as specified, to bring a civil action in the name of the department. Existing law authorizes the action to be filed in any county where the unlawful practice is alleged to have been committed, the records relevant to that practice are maintained and administered, the aggrieved party would have resided, or the defendant’s residence or principal office is located, as specified.</html:p>
<html:p>This bill would remove the above-described provisions specifying the counties where the civil action may be filed.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_2D87BB8E-D39F-4128-8896-B2C97B5B14EB">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 12926 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>12926.</ns0:Num>
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<html:p>As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Affirmative relief” or “prospective relief” includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Age” refers to the chronological age of any individual who has reached a 40th birthday.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Except as provided by Section 12926.05, “employee” does not include any individual employed by that person’s parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Employer” includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
</html:p>
<html:p>“Employer” does not include a religious association or corporation not organized for private profit.</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Employment agency” includes any person undertaking for compensation to procure employees or opportunities to work.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Essential functions” means the fundamental job
duties of the employment position the individual with a disability holds or desires. “Essential functions” does not include the marginal functions of the position.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The function may be essential because the reason the position exists is to perform that function.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Evidence of whether a particular function is essential includes, but is not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The employer’s judgment as to which functions are essential.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Written job descriptions prepared before advertising or interviewing applicants for the job.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The amount of time spent on the job performing the function.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The consequences of not requiring the incumbent to perform the function.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The terms of a collective bargaining agreement.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The work experiences of past incumbents in the job.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The current work experience of incumbents in similar jobs.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Genetic information” means, with respect to any individual, information about any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The individual’s genetic tests.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The genetic tests of family members of the individual.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The manifestation of a disease or disorder in family members of the individual.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Genetic information” does not
include information about the sex or age of any individual.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Labor organization” includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Medical condition” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Any scientifically or medically identifiable gene or chromosome, or combination
or alteration thereof, that is known to be a cause of a disease or disorder in a person or that person’s offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that person’s offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Mental disability” includes, but is not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Having any mental or psychological disorder or
condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any other mental or psychological disorder or condition not described in
paragraph (1) that requires special education or related services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
</html:p>
<html:p>“Mental disability” does not include sexual behavior disorders,
compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Veteran or military status” means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
“On the bases enumerated in this part” means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Physical disability” includes, but is not limited to, all of the
following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Limits a major life activity. For purposes of this section:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A
physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Major life activities” shall be broadly construed and includes physical, mental, and social activities and working.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any other health impairment not described in paragraph (1) that requires special education or related services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Being regarded or treated by the employer or other entity covered by this part as having, or having had,
any physical condition that makes achievement of a major life activity difficult.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (j) and (m), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection
of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
“Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status” includes any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any combination of those characteristics.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A perception that the person has any of those characteristics or any combination of those
characteristics.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Reasonable accommodation” may include either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
“Religious creed,” “religion,” “religious observance,” “religious belief,” and “creed” include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. “Religious dress practice” shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. “Religious grooming practice” shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Sex” includes, but is not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Pregnancy or medical conditions related to pregnancy.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Childbirth
or medical conditions related to childbirth.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Breastfeeding or medical conditions related to breastfeeding.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
“Sexual orientation” means heterosexuality, homosexuality, and bisexuality.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
“Supervisor” means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their
grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
“Undue hardship” means an action requiring significant difficulty or expense, when considered in light of the following factors:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The nature and cost of the accommodation needed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The overall financial resources of the covered entity, the overall size
of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The type of operations, including the composition, structure, and functions of the workforce of the entity.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The geographic separateness or administrative or fiscal relationship of the facility or facilities.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
“National origin” discrimination includes, but is not limited to, discrimination on the basis of possessing a driver’s license or identification card granted under Section 12801.9 of the Vehicle Code.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
“Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
“Protective
hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
“Reproductive health decisionmaking” includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to “reproductive health decisionmaking” shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to “sex” do not include reproductive health decisionmaking.
</html:p>
<html:p>
(z)
<html:span class="EnSpace"/>
“Group or class complaint” includes any complaint alleging a pattern or practice. This paragraph is declaratory of, and clarifies, existing law.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_096F6030-55F8-46BF-BEB1-CB07EC333EB2">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 12960 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_E245E788-2ABD-49E9-AA3C-5D61CB86B290">
<ns0:Num>12960.</ns0:Num>
<ns0:LawSectionVersion id="id_142F0074-D55D-40BF-A205-332FB43DEBD0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the
particulars thereof and contain other information as may be required by the department. The director or the director’s authorized representative may in like manner, on that person’s own motion, make, sign, and file a complaint.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed
pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the
expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) through (5), inclusive, the filing periods set forth by this section may be extended as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a period of time not to exceed one year following a rebutted presumption of the identity of the person’s employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual
employer.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any tolling or
limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the department for an alleged violation of that statute until either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The department files a civil action for the alleged violation under this part.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
One year after the department issues either of the following to a complainant:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Written notice that it has closed its investigation without electing to file a civil action for the alleged violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the complainant timely appeals to the department the closure of their complaint, written notice that the complaint has remained closed following the appeal to the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The tolling provided under this subdivision shall apply retroactively.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision is not intended to revive claims that have already lapsed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_C32CC086-909A-43B0-9E5E-DDE1CFD35CD7">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 12965 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9C5047C3-32C7-47E2-96CC-E79072FCFE80">
<ns0:Num>12965.</ns0:Num>
<ns0:LawSectionVersion id="id_7057EA67-80DF-45EF-A704-ACAB6F8EE058">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the director’s discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the department’s internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In a civil action, the person claiming to be
aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that person’s own counsel.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendant’s residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A complaint treated by the director as a group or class complaint for
purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the department’s dispute resolution division closes its mediation record and returns the case to the division that referred it.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For the period of time for which the department’s investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of
Section 12963.5.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
During a timely appeal within the department of the closure of the complaint by the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, filing a complaint means filing a verified complaint.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as specified in subparagraphs (B) and (C), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to
subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the department determines, in its discretion, that the complaint relates in whole or in part to a complaint filed in the name of the director or a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, the department shall issue a right-to-sue notice upon request by the person claiming to be aggrieved or, if the person claiming to be aggrieved does not request a right-to-sue notice, after the director’s complaint or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The notices specified in subparagraphs (A), (B), and (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The deadlines specified in subparagraphs (A), (B), and (C) shall be tolled as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the department’s dispute resolution division closes its mediation record and returns the case to the division that referred it.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For the period of time for which the department’s investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of
Section 12963.5.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
During a timely appeal within the department of the closure of the complaint by the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the
unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendant’s residence or principal office.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the
federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney’s fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this
part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employer’s internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the
person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A right-to-sue notice is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue
notice by the department, whichever is later.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 12981 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_3607A1C3-CC2E-4CD5-AB44-B74F65611A9A">
<ns0:Num>12981.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7 that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department, acting in the public interest, on behalf of the aggrieved person as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person than Section 12965, the provisions of this article shall prevail.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Prior to filing a civil action pursuant to paragraph (1),
the department shall require all parties to participate in the department’s mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A civil action brought pursuant to paragraph (1) shall be filed within 100 days after the filing of a complaint unless it is impracticable to do so. This deadline to file a civil action pursuant to paragraph (1) shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the department’s dispute resolution division closes its mediation record and returns the case to the division that referred it.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any aggrieved person may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint
according to the procedures established in this part for other complaints of housing discrimination.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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