Subject: AB 257 to be heard in Assembly Housing Committee
From: "Ellen McCormick" <[email-masked]>
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