From: "Ellen McCormick" Subject: AB 257 to be heard in Assembly Housing Committee Date: Fri, 7 Mar 1997 16:44:44 -0800 ACTION ALERT: AB 257 will be heard in the Assembly Housing Committee on Wednesday, March 19, 1997. AB 257: An act to amend California's Fair Employment and Housing Act (FEHA) Authored by Assembly Member Antonio Villaraigosa (D-Los Angeles) Sponsored by LIFE: California's Lesbian/Gay and AIDS Lobby CALIFORNIA'S FAIR EMPLOYMENT AND HOUSING ACT states: "...the practice of discrimination because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability, in housing accommodations is declared to be against public policy." "...The opportunity to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, or age, is hereby recognized as and declared to be a civil right." THE BILL AB 257 would add "sexual orientation" to the nondiscrimination sections (see above) of California's Fair Employment and Housing Act (FEHA). This measure would prohibit discrimination on the basis of sexual orientation in employment and housing, as provided under FEHA. AB 257 would allow the state's Department of Fair Employment and Housing to investigate and act on complaints of discrimination. HISTORY This bill was introduced in 1991 as AB 101 (Friedman) and was vetoed by Governor Wilson. In 1992, AB 2601 (Friedman) was introduced and signed by the Governor. An effective compromise, AB 2601 provides protection from discrimination in employment under California's Labor Code. AB 2601 is the only nondiscrimination protection in employment for California's gay and lesbian citizens. Enforcement of AB 2601 is handled by the Department of Labor Standards Enforcement. Housing discrimination based on sexual orientation is prohibited through case law under the Unruh Civil Rights Act. Complaints of housing discrimination are handled by the Department of Fair Employment and Housing (which is charged with enforcing FEHA and Unruh). ANALYSIS Why amend the Fair Employment and Housing Act with sexual orientation if gays and lesbians are already protected in employment and housing? FEHA is a cornerstone of civil rights legislation in California. It is clear from the FEHA citations above that regardless of protection elsewhere - sexual orientation belongs in the Fair Employment and Housing Act. The current employment protections provided for gays and lesbians under the Labor Code require that you must file your claim within thirty days. Most people who suffer sexual orientation discrimination don't identify the discrimination and/or the remedies available to them until well after the thirty day window has passed. FEHA provides 1 year from the date of the incident to file. Individuals who suffer from dual discrimination (for example: race and sexual orientation discrimination) must go through two offices, the Department of Fair Employment and Housing (DFEH) and the Department of Labor Standards Enforcement, to obtain remedies for discrimination. Each office has different filing deadlines. Adding sexual orientation to FEHA would simplify the process for people suffering from dual discrimination. Sexual orientation discrimination in housing is prohibited by case law (court ruling) under the Unruh Civil Rights Act. These claims are processed by the Department of Fair Employment and Housing. If our community is covered by current case law and carried out by the Fair Employment and Housing Act, then we deserve to be recognized as such under California Law. AB 257 would ensure that all Californians are treated fairly and equally under the law. ACTION: WRITE NOW! Please urge the Chair of the Assembly Housing Committee, Assembly Member Tom Torlakson, to pass AB 257 in committee on March 19th. Also, please write to the Chair of each committee that AB 257 will go to (see below), to your Assembly Member, your Senator, and Governor Wilson and urge them to support AB 257 as well. Letters should be addressed as follows: Assembly Member or Senator (Last Name) State Capitol, Room # Sacramento, CA 95814 TIMELINE Committee (Chair of Committee / Room #) March 19, 1997: Assembly Housing and Community Development (Torlakson / 2003) April / May: Assembly Labor and Employment (Floyd / 4016) May: Assembly Appropriations (Migden / 2114) May / June: Assembly Floor June: Senate Housing and Land Use (Lee / 407) July: Senate Industrial Relations (Solis / 4039) August: Senate Appropriations (Johnston / 5066) August: Senate Floor and to Governor Please send a copy of your letter to LIFE Lobby at the address below. LIFE: California's Lesbian/Gay and AIDS Lobby has been lobbying on behalf of California's lesbian, gay, bisexual, transgender and HIV-affected communities since 1986. LIFE is the oldest and largest institution representing these communities in California's State Capitol and is proud to celebrate a decade of service. Contacts: Ellen McCormick, Legislative Advocate Laurie McBride, Executive Director LIFE: California's Lesbian/Gay and AIDS Lobby 926 J Street, Suite 522 Sacramento, CA 95814 (916) 444-0424 fax, (916) 444-3059