Coalition for Lesbian and Gay Civil Rights P.O. Box 611 Cambridge, MA 02238 CALIFORNIA LEGISLATURE-1991-92 REGULAR SESSION ASSEMBLY BILL No. 101 ---------------------------------------------------------------- Introduced by Assembly Members Friedman, Willie Brown, Margolin Roos, Becerra, Bronzan, Burton, Campbell, Hannigan, Hayden, Isenberg, Lee, Moore Polanco, Roybal-Allard Speier, Tanner, and Vasconcellos December 4, 1990 ---------------------------------------------------------------- An act to amend Sections 12920, 12921, 12926, 12927, 12930, 12931, 12935, 12940, 12944, 12955, 12993, and 12995 of the Government Code, relating to fair employment and housing. LEGISLATIVE COUNSEL'S DIGEST AB 101, as introduced, Friedman. Discrimination in bases for discrimination in housing and employment. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. AB 101 -2- The people of the State of California do enact as follows: 1 SECTION 1. Section 12920 of the, Government Code 2 is amended to read: 3 12920. It is hereby declared as the public policy of this 4 state that it is necessary to protect and safeguard the right 5 and opportunity of all persons to seek, obtain, and hold 6 employment without discrimination or abridgment on 7 account of race, religious creed, color, national origin, 8 ancestry, physical handicap, medical condition, marital 9 status, sex, [or] age, OR SEXUAL ORIENTATION. 10 It is recognized that the practice of denying 11 employment opportunity and discriminating in the terms 12 of employment for such reasons foments domestic strife 13 and unrest, deprives the state of the fullest utilization of 14 its capacities for development and advance, and 15 substantially and adversely affects the interest of 16 employees, employers, and the public in general. 17 Further, the practice of discrimination because of race, 18 color, religion, sex, marital status, national origin, or 19 ancestry, OR SEXUAL ORIENTATION in housing 20 accommodations is declared to be against public policy. 21 It is the purpose of this part to provide effective 22 remedies which will eliminate such discriminatory 23 practices. 24 This part shall be deemed an exercise of the police 25 power of the state for the protection of the welfare, 26 health, and peace of the people of this state. 27 SEC. 2. Section 12921 of the Government Code is 28 amended to read: 29 12921. The opportunity to seek, obtain and hold 30 employment without discrimination because of race, 31 religious creed, color, national origin, ancestry, physical 32 handicap, medical condition, marital status, sex, [or] age, 33 OR SEXUAL ORIENTATION is hereby recognized as and 34 declared to be a civil right. 35 SEC. 3. Section 12926 of the Government Code is 36 amended to read, 37 12926. As used in this part in connection with 38 unlawful practices, unless a different meaning clearly -3- AB 101 1 appears from the context: 2 (a) "Age" refers to the chronological age of any 3 individual who has reached his or her 40th birthday. 4 (b) "'Employee" does not include any individual 5 employed by his or her parents, spouse, or child, or any 6 individual employed under a special license in a 7 nonprofit sheltered workshop or rehabilitation.facility. 8 (c) "Employer," except as hereinafter provided, 9 includes any person regularly employing five or more 10 persons, or any person acting as an agent of an employer, 11 directly or indirectly; the state or any political or civil 12 subdivision thereof and cities. 13 "Employer" does not include a religious association or 14 corporation not organized for private profit 15 (d) "Employment agency" includes any person 16 undertaking for compensation to procure employees or 17 opportunities to work. 18 (e) "Labor organization" includes any organization 19 which exists and is constituted for the purpose, in whole 20 or in part, of collective bargaining or of dealing with 21 employers concerning grievances, terms or conditions of 22 employment., or of other mutual aid or protection. 23 (f) "Medical condition" means any health impairment 24 related to or associated with a diagnosis of cancer, for 25 which a person has been rehabilitated or cured, based on 26 competent medical evidence. 27 (g) "On the bases enumerated in this part" means or 28 refers to discrimination on the basis of one or more of the 29 following: race, religious creed, color, national origin, 30 ancestry, physical handicap, medical condition, marital 31 status, sex, [or] age, OR SEXUAL ORIENTATION. 32 (h) "Physical handicap",includes impairment of sight, 33 hearing, or speech, or impairment of physical ability 34 because of amputation or loss of function or coordination, 35 or any other health impairment which requires special 36 education or related services. 37 (i) "Religious creed," "religion," "religious 38 observance," "religious belief," and "creed" include all 39 aspects of religious belief, observance, and practice. 40 "Sex" includes, but is not limited to, pregnancy, AB 101 -4- 1 childbirth, or medical conditions related to pregnancy or 2 childbirth. 3 (k) "SEXUAL ORIENTATION" MEANS HETEROSEXUALITY, 4 HOMOSEXUALITY, AND BISEXUALITY. 5 SEC. 4. Section 12927 of the Government Code is 6 amended to read: 7 12927. As used in this part in connection with housing 8 accommodations, unless a different meaning clearly 9 appears from the context: 10 (a) "Affirmative actions"' means any activity for the 11 purpose of eliminating discrimination in housing 12 accommodations because of race, color, religion, sex, 13 marital status, national origin, [or] ancestry, or SEXUAL 14 ORIENTATION. 15 (b) "Conciliation council" means a nonprofit 16 organization, or a city or county human relation's 17 commission, which provides education, fact finding, and 18 mediation or conciliation services in resolution of 19 complaints of housing discrimination. 20 (c) "Discrimination" includes refusal to sell, rent, or 21 lease housing accommodations; includes refusal to 22 negotiate for the sale, rental, or lease of housing 23 accommodations; includes representation. that a housing 24 accommodation is not available for inspection, sale, or 25 rental when such housing accommodation is in fact so 26 available; includes any other denial or withholding of 27 housing accommodations; includes provision of inferior 28 terms, conditions, privileges, facilities, or services m 29 connection with such housing accommodations; includes 30 the cancellation or termination of a sale or rental 31 agreement; and includes the provision of segregated or 32 separated housing accommodations. The term 33 "discrimination" does not include refusal to rent or lease 34 a portion of an owner-occupied single-family house to a 35 person as a roomer or boarder living within the 36 household, provided that no more than one roomer or 37 boarder is to live within the household. 38 (d) "Housing accommodation" includes any 39 improved or unimproved real property, or portion 40 thereof, which is used or occupied, or is intended, -5- AB 101 1 arranged or designed to be used or occupied, as the 2 home, residence, or sleeping place of one or more human 3 beings, but shall not. include any accommodations 4 operated by a religious, fraternal, or charitable 5 association or corporation not organized or operated for 6 private profit; provided, that such accommodations are 7 being used in furtherance of the primary purpose or 8 purposes for which the association or corporation was 9 formed. 10 (e) "Owner" includes the lessee, sublessee, assignee, 11 managing agent, real estate broker or salesman, or any 12 person having any legal or equitable right of ownership 13 or possession or the right to rent or lease housing 14 accommodations, and includes the state and any of its 15 political subdivisions and any agency thereof. 16 SEC. 5. Section 12930 of the Government Code is 17 amended to read: 18 12930. The department shall have the following 19 functions, powers and duties: 20 (a) To establish and maintain a principal office and 21 such other offices within the state as are necessary to 22 carry out the, purposes of this part. 23 (b) To meet and function at any place within the state. 24 (c) To appoint attorneys, investigators, conciliator's, 25 and other employees as it may deem necessary, fix their 26 compensation within the limitations provided by law, and 27 prescribe their, duties. 28 (d) To obtain upon request and utilize the services of 29 all governmental departments and agencies and, in 30 addition, with respect to housing discrimination, of 31 conciliation councils. 32 (e) To adopt, promulgate, amend, and rescind suitable 33 rules and regulations to carry out the functions and duties 34 of the department pursuant to this part. 35 (f) (1) To receive, investigate and conciliate 36 complaints alleging practices made unlawful pursuant to 37 Chapter 6 (commencing with Section 12940). 38 (2) To receive, investigate, and conciliate complaints 39 alleging a violation of Section 51 or 51.7 of the Civil Code. 40 The remedies and procedures of this part shall be AB 101, -6- 1 independent of any other remedy or procedure that 2 might apply. 3 (g) In connection with any matter under investigation 4 or in question before the department pursuant to a 5 complaint filed under Section 12960, 12961, or 12980: 6 (1) To issue subpoenas to require the attendance and 7 testimony of witnesses and the production of books, 8 records, documents, and physical materials. 9 (2) To administer oaths, examine witnesses under oath 10 and take evidence, and take depositions and affidavits. 11 (3) To issue written interrogatories. 12 (4) To request the production for inspection and 13 copying of books, records, documents, and physical 14 materials. 15 (5) To petition the superior courts to compel the 16 appearance and testimony of witnesses, the production of 17 books, records, documents, and physical materials, and 18 the answering of interrogatories. (h) To issue accusations pursuant to Section 12965 or 20 12981 and to prosecute such accusations before the 21 commission. 22 (i) To issue such publications and such results of 23 investigations and research as in its judgment will tend to 24 promote good will and minimize or eliminate 25 discrimination in employment on the bases enumerated 26 in this part and discrimination in housing because of race, 27 religious creed, color, sex, marital status, national origin, 28 [or] ancestry, OR SEXUAL ORIENTATION. 29 (j) To investigate, approve, certify, decertify, monitor., 30 and enforce nondiscrimination programs proposed by a 31 contractor to be engaged in pursuant to Section 12990. 32 (k) To render annually to the Governor and to the 33 Legislature a written report of its activities and of its 34 recommendations. 35 SEC. 6. Section 12931 of the Government Code is 36 amended to read: 37 12931. The department may also provide assistance to 38 communities and persons therein in resolving disputes, 39 disagreements, or difficulties relating to, discriminatory 40 practices based on race, religious creed, color, national -7- AB 101 1 origin, ancestry, physical handicap, medical condition, 2 marital status, sex, [or] age, OR SEXUAL ORIENTATION which 3 impair the rights of persons in such communities under 4 the Constitution or laws of the United States or of this 5 state. The services of the department may be made 6 available in cases of such disputes, disagreements, or 7 difficulties only when, in its judgment, peaceful relations 8 among the citizens of the community involved are 9 threatened thereby. The department's services are to be 10 made available only upon the request of an appropriate 11 state or local public body, or upon the request of any 12 person directly affected by any such dispute, 13 disagreement, or difficulty. 14 The assistance of the department pursuant to this 15 section shall be limited to endeavors at investigation, 16 conference, conciliation, and persuasion. 17 SEC. 7. Section 12935 of the Government Code is 18 amended to read: 19 12935. The commission shall have the following 20 functions, powers and duties: 21 (a) To adopt, promulgate, amend, and rescind suitable 22 rules, regulations, and standards (1) to interpret, 23 implement, and apply all provisions of this part, (2) to 24 regulate the conduct of hearings held pursuant to 25 Sections 12967 and 12980, and (3) to carry out all other 26 functions and duties of the commission pursuant to this 27 part. 28 (b) To conduct hearings pursuant to Sections 12967 29 and 12981. 30 (c) To establish and maintain a principal office within 31 the state. 32 (d) To meet and function at any place within the state. 33 (e) To appoint an executive secretary, and such 34 attorneys and other employees as it may deem necessary, 35 fix their compensation within the limitations provided by 36 law and prescribe their duties. 37 (f) To hold hearings, subpoena witnesses, compel their 38 attendance, administer oaths, examine any person under 39 oath and, in connection therewith, to require the 40 production of any books or papers relating to any matter AB 101 -8- 1 under investigation or in question before the commission. 2 (g) To create or provide financial or technical 3 assistance to such advisory agencies and conciliation 4 councils, local or otherwise, as in its judgment will aid in 5 effectuating the purposes of this part, and to empower 6 them to study the problems of discrimination in all or 7 specific fields of human relationships or in particular 8 instances of employment discrimination on the bases 9 enumerated in this part or in specific instances of housing 10 discrimination because of race," religious creed, color, 11 national origin, ancestry, marital status, [or] sex, OR SEXUAL 12 ORIENTATION, and to foster, through community effort or 13 otherwise, good will, cooperation, and conciliation 14 among the groups and elements of the population of the 15 state and to make recommendations to the commission 16 for the development of policies and procedures in 17 general. Such advisory agencies and conciliation councils 18 shall be composed of representative citizens, serving 19 without pay. 20 (h) With respect to findings and orders made pursuant 21 to this part, to establish a system of published opinions 22 which shall serve as precedent in interpreting and 23 applying the provisions of this part. 24 (i) To issue publications and results of inquiries and 25 research which in its judgment will tend to promote good 26 will and minimize or eliminate unlawful discrimination. 27 Such publications shall include an annual report to the 28 Governor and the Legislature of its activities and 29 recommendations. 30 SEC. 8. Section 12940 of the Government Code is 31 amended to read: 32 12940. It shall be an unlawful employment practice, 33 unless based upon a bona fide occupational qualification, 34 or, except where based upon applicable security 35 regulations established by the United States or the State 36 of California: 37 (a) For an employer, because of the race, religious 38 creed, color, national origin, ancestry, physical handicap, 39 medical condition, marital status, or sex, or sexual 40 orientation, of any person, to refuse to hire or employ the -9- AB 101 1 person or to refuse to select the person for a training 2 program leading to employment, or to bar or to discharge 3 the person from employment or 'from a training program 4 leading to employment, or to discriminate against the 5 person m compensation or in terms, conditions or 6 privileges of employment. 7 (1) Nothing in this part shall prohibit an employer 8 from refusing to hire or discharging a physically 9 handicapped employee, or subject an employer to any 10 legal liability resulting fhe refusal to employ or the 11 discharge of a physically handicapped employee, where 12 the employee, because of his or her physical handicap is 13 unable to perform his or her duties, or cannot perform 14 those duties in a manner which would not endanger his 15 or her health or safety or the, health and safety of others. 16 (2) Nothing in this part shall prohibit an employer 17 from refusing to hire or discharging an. employee who, 18 because of the employee's medical condition, is unable to 19 perform his or her duties., or cannot perform those duties 20 in a manner which would not en danger the employee's 21 health or safety or the health or safety of others. Nothing 22 in this part shall subject an employer to any legal liability 23 resulting from the refusal to employ or the discharge of 24 an employee who, because of the employee's medical 25 condition, is unable to perform his or her duties, or 26 cannot, perform those duties in a manner which would 27 not endanger the employee's health or safety or the 28 health or safety of others. 29 (3) Nothing in this part relating to discrimination on 30 account of marital status shall either (i). affect the right 31 of an employer to reasonably regulate, for reasons of 32 supervision, safety, security, or morale, the working of 33 spouses in the same department, division, or facility, 34 consistent with the rules and regulations adopted by the 35 commission, or (ii) prohibit bona fide health plans from 36 providing additional or greater benefits to employees 37 with dependents than to those employees without or with 38 fewer dependents. 39 (4) Nothing in this part relating to discrimination on 40 account of sex shall affect the right of an employer to use AB 101 -10- 1 veteran status as a factor in employee selection or to give 2 special consideration to Vietnam era veterans. 3 (b) For a labor organization, because of the race, 4 religious creed, color, national origin, ancestry, physical 5 handicap, medical condition, marital status, or sex of any 6 person, to exclude, expel or. restrict from its membership 7 the person, or to provide only second-class or segregated 8 membership, or to discriminate against any person 9 because of the race, religious. creed, color, national origin, 10 ancestry, physical handicap, medical condition, marital 11 status, [or] sex, OR SEXUAL ORIENTATION of the person in the 12 election of officers of the labor organization or in the. 13 selection of the labor organization's staff or to 14 discriminate in any way: against any of , its members or 15 against any employer or against any person employed by 16 an employer. 17 (c) For any person to discriminate against any person 18 in the selection or training of that person in any 19 apprenticeship training program or any other training 20 program leading to employment because of, the race, 21 religious creed, color, national.origin, ancestry, physical 22 handicap, medical condition, marital status, or sex, OR 23 SEXUAL ORIENTATION, of the Person discriminated against. 24 (d) For any employer or employment agency, unless 25 specifically acting in accordance with federal equal 26 employment opportunity guidelines and regulations 27 approved by the commission, to print or circulate or 28 cause to be printed or circulated any publication, or to 29 make any non-job-related inquiry,. either verbal or 30 through use of an application form, which expresses, 31 directly or indirectly, ,any limitation, specification, or 32 discrimination, as to race, religious creed, color, national 33 origin, ancestry, physical handicap, medical condition, 34 marital,status, [or] sex, OR SEXUAL ORIENTATION, or any intent 35 to make any such limitation, specification or 36 discrimination. Nothing in this subdivision shall prohibit 37 any employer from making, in connection with 38 prospective employment, an inquiry as to, or a request 39 for, information regarding, the physical fitness, medical 40 condition, physical condition or medical history of -11- AB 101 1 applicants if that inquiry or request for information is 2 directly related and pertinent to the position the 3 applicant is applying for or directly related to a 4 determination of whether the applicant would endanger 5 his or her health or safety or the health or safety of others. 6 (e) For any employer, labor organization, or 7 employment agency to harass, discharge, expel, or 8 otherwise discriminate against any person because the 9 person has made a report pursuant to Section, 11161.8 of 10 the. Penal Code which prohibits retaliation against 11 hospital employees who report suspected patient abuse 12 by health facilities or community care facilities. 13 (f) For any employer, labor organization, 14 employment agency, or person to discharge, expel, or 15 otherwise discriminate, against any person because the 16 person has opposed any practices, forbidden under this 17 part or because the person has filed a complaint, testified, 18 or assisted in any proceeding under this part. 19 (g) For any person to aid, abet, incite, compel, or 20 coerce the doing of any of the acts forbidden under this 21 part, or to attempt to do so. 22 (h) For an employer, labor organization, employment 23 agency, apprenticeship training program or any training 24 program leading to employment, or any other person, 25 because of race, religious creed, color, national origin, 26 ancestry, physical handicap, medical condition, marital 27 status, sex, [or] age, OR SEXUAL ORIENTATION, to harass an 28 employee or applicant. Harassment of an employee or 29 applicant by an employee other than an agent or 30 supervisor shall be unlawful if the entity, or, its agents or 31 supervisors, knows or should have known of this conduct 32 and fails to take immediate and appropriate corrective 33 action. An entity shall take all reasonable steps to prevent 34 harassment from occurring. Loss of tangible job benefits 35 shall not be necessary in order to establish harassment. 36 The provisions of this subdivision are declaratory, of 37 existing law, except for the new. duties imposed on 38 employers with regard to harassment. For purposes of 39 this subdivision only, "employer" means any person 40 regularly employing one or more persons, or any person AB 101 -12- 1 acting as an agent of an employer, directly or indirectly, 2 the state, or any political or civil subdivision thereof, and 3 cities. However, "employer" does not include a religious 4 association or corporation not organized for private 5 profit. For other types of discrimination as enumerated in 6 subdivision (a), an employer remains as defined in 7 subdivision (c) of Section 12926. Nothing contained in 8 this subdivision shall be construed to apply the definition 9 of employer found in this subdivision to subdivision (a). 10 (i) For an employer, labor organization, employment 11 agency, apprenticeship training program, or any training 12 program leading to employment, to fail to take all 13 reasonable steps necessary to prevent discrimination and 14. harassment from occurring. 15 (j) For an employer or other entity covered by this 16 part to refuse to hire or employ a person or to. refuse to 17 select a person, for a training program leading to 18 employment or to bar or to discharge a person from 19 employment or from a training program leading to 20 employment, or to discriminate against a person in 21 compensation or in terms, conditions, or privileges of 22 employment because of a conflict between. the person's 23 religious belief or observance and any employment 24 requirement, unless the employer or other entity 25 covered by this part demonstrates that it has explored 26 any available reasonable alternative means of 27 accommodating the religious belief or observance, 28 including the possibilities of excusing the person from 29 those duties which conflict with his or her religious belief 30 or observance or permitting those duties to be performed 31 at another time or by another person, but is unable to 32 reasonably accommodate the religious belief or 33 observance without undue hardship on the conduct of 34 the business of the employer or other.entity covered by 35 this part. Religious belief or observance, as used in this 36 section, includes, but is not limited to, observance such as 37 a Sabbath or other religious holy day or days, and 38 reasonable time necessary for travel prior and 39 subsequent to a religious observance. 40 SEC. 9. Section 12944 of the Government Code is -13- AB 101 1 amended to read: 2 12944. (a) It shall be unlawful for a licensing board to 3 require any examination or establish any other 4 qualification for licensing which has an adverse impact on 5 any class by virtue of its race, creed, color, national origin 6 or ancestry, sex, age, medical condition, [or] physical 7 handicap, OR SEXUAL ORIENTATION, unless such practice can 8 be demonstrated to be job related. 9 Where the commission, after hearing, determines that 10 an examination is unlawful under this subdivision, the 11 licensing board may continue to use and rely on such 12 examination until such time as judicial review by the 13 superior court of the determination is exhausted. 14 If an examination or other qualification for licensing is 15 determined to be unlawful under this section, that 16 determination shall not void, limit, repeal, or otherwise 17 affect any right, privilege, status, or responsibility 18 previously conferred upon any person by such 19 examination or by a license issued in reliance on such 20 examination or qualification. 21 (b) It shall be unlawful for any licensing board, unless 22 specifically acting in accordance with federal equal 23 employment opportunity guidelines or regulations 24 approved by the commission, to print or circulate or 25 cause to be printed or circulated any publication, or to 26 make any non-job-related inquiry, either verbal or. 27 through use of an application form, which expresses, 28 directly or indirectly, any limitation, specification, or 29 discrimination as to race, religious creed, color, national 30 origin, ancestry, physical handicap, medical condition,, 31 sex, [or] age, OR SEXUAL ORIENTATION, or any intent to make 32 any such limitation, specification, or discrimination. 33 Nothing in this subdivision shall prohibit any licensing 34 board from making, in connection with prospective 35 licensure or certification, an inquiry as to, or a request for 36 information regarding, the physical fitness of applicants 37 if that inquiry or request for information is directly 38 related and pertinent to the license or the licensed. 39 position the applicant is applying for. 40 (c) It is unlawful for a licensing board to discriminate AB 101 -14- 1 against any person because such person has filed a 2 complaint, testified, or assisted in any proceeding under 3 this part. 4 (d) It is unlawful for any licensing board to fail to keep 5 records of applications for licensing or certification for a 6 period of two years following the date of receipt of such 7 applications. 8 (e) As used in this section, "licensing board" means 9 any state board, agency, or authority in the State and 10 Consumer Services Agency which has the authority to 11 grant licenses or certificates which are prerequisites to 12 employment eligibility or professional status. 13 SEC. 10. Section 12955 of the Government Code is 14 amended to read: 15 12955. It shall be unlawful: 16 (a) For the owner of any housing accommodation to 17 discriminate against: any person because of the race, 18 color, religion, sex, marital status, national origin, [or] 19 ancestry, OR SEXUAL ORIENTATION of such person. 20 (b) For the owner of any housing accommodation to 21 make or to cause to be made any written or oral inquiry 22 concerning the race, color, religion, sex, marital status, 23 national origin, [or] ancestry, OR SEXUAL ORIENTATION of any 24 person seeking to purchase, rent or lease any housing 25 accommodation. 26 (c) For any person to make, print, or publish, or cause 27 to be made, printed, or published any notice, statement, 28 or advertisement, with respect to the sale or rental of a 29 housing accommodation that indicates any preference, 30 limitation, or discrimination based on race, color, 31 religion, sex, marital status, national origin, [or] ancestry, 32 OR SEXUAL ORIENTATION or an intention to make any such 33 preference, limitation., or discrimination. 34 (d) For any person subject to the provisions of Section 35 51 of the Civil Code, as that section applies to housing 36 accommodations, as defined in this part, to discriminate 37 against any, person because of race, color, religion, sex, 38 marital, status, national origin, [or] ancestry, OR SEXUAL 39 ORIENTATION with reference, thereto. 40 (e) For any person, bank, mortgage company or other -15- AB 101 1 financial institution to whom application is made for 2 financial assistance for the purchase, organization, or 3 construction of any housing accommodation to 4 discriminate against any; person or group of persons 5 because of the race, color, religion, sex, marital status, 6 national origin, [or] ancestry ,OR SEXUAL ORIENTATION of such 7 person or persons, or of prospective occupants or tenants, 8 in the terms, conditions,. or privileges relating to the 9 obtaining or use of any such financial assistance. 10 (f) For any owner of housing accommodations to 11 harass, evict, or other discriminate against any 12 person in the sale, or rental of housing accommodation's 13 when the owner's dominant purpose is retaliation again st 14 a person who has opposed practices unlawful under this 15 section, informed law enforcement agencies of practices 16 believed unlawful under this section, or has testified or 17 assisted in any proceeding under this part. Nothing 18 herein is intended to cause or permit the delay of an 19 unlawful detainer action. 20 (g) For any person to aid, abet, incite, compel, or 21 coerce the doing of any of the acts or practices declared 22 unlawful in this section, or to attempt to do so. 23 SEC. 11. Section 12993 of the Government Code is . 24 amended to read: 25 12993. (a) The provisions of this: part shall be 26 construed liberally for the accomplishment of the 27 purposes thereof. Nothing contained in this' part shall be 28 deemed to repeal any of the provisions of the Civil Rights 29 Law or of any other Law of this,, state relating to 30 discrimination because of race, religious, creed, color, 31 national origin, ancestry, physical handicap, medical 32 condition, marital status, sex, [or] age, OR SEXUAL 33 ORIENTATION. 34 (b) Nothing contained in this part, relating to 35 discrimination in employment on account of sex or 36 medical condition shall be deemed to affect the operation 37 of the terms or conditions of any bona fide retirement 38 pension, employee benefit, or insurance, plan, provided 39 such terms or conditions r are in accordance with 40 customary and reasonable or actuarially sound; AB 101 -16- 1 underwriting practices. 2 (c) While it is the intention of the Legislature to 3 occupy the field of regulation of discrimination in 4 employment and housing encompassed by the provisions 5 of this part, exclusive of all other laws banning 6 discrimination in employment and housing by any city, 7 city and county, county, or other political subdivision of 8 the state, nothing contained in this part shall be 9 construed, in any manner or way, to limit or restrict the 10 application of Section 51 of the Civil Code. 11 SEC. 12. Section 12995 of the Government Code is 12 amended to read: 13 12995. Nothing contained in this part relating to 14 discrimination in housing shall be construed to: 15 (a) Affect the title or other interest of a person who 16 purchases, leases, or takes an encumbrance on a housing 17 accommodation in good faith and without knowledge 18 that the owner or lessor of the property has violated any 19 provision of this part. 20 (b) Prohibit any postsecondary educational 21 institution, whether private or public, from providing 22 housing accommodations reserved for either male or 23 female students so long as no individual person is denied 24 equal access to housing accommodations, or from 25 providing separate housing accommodations reserved 26 primarily for married students or for students with minor 27 dependents who reside with them. 28 (c) Prohibit selection based upon factors other than 29 race, color, religion, sex, marital status, national origin, [or] 30 ancestry, OR SEXUAL ORIENTATION. 31 (d): Promote housing accommodations on a 32 preferential or quota basis.