HomeMy WebLinkAboutAgenda Report - August 21, 1991 (78), OF
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CITY OF LO®I COUNCIL COMMUNICATION
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AGENDA TITLE: AB 101 (Discrimination Based on Sexual Orientation)
N11EIING DATE August 21, 1991
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration
legislation.
of attached draft
BACKGPOUND MRMATION As directed by the City Council at its meeting
of August 7, 1991, attached for consideration is
a copy of AB 101, frequently referred to as the
"Homosexual Bill of Rights".
The Council has been requested to adopt a formal position on this proposed
legislation.
In essence, the proposed legislation would amend the California Fair
Employment and Housing Act (Government Code Section 12900 et seq.) to
address discrimination based on sexual orientation. The Act now prohibits
discrimination in employment or housing on the basis of (among other
things) race, religion, color, national origin, handicap, sex or age).
FUNDING: None
BobMcNatt
City Attorney
BM/VC
attachment
APPROVEP.
THOMAS A. PETERSON
City Manager
AB101; TXTA.OIV CC -1
AUG 09 '91 13:17 TUX/SAC 410 P02
Intreed by Assembly Members Friedman, Willie Brown,
Maigolin Fee*, Roos, Archie -Hudson, Bates, Becerra,
Bronzan, Burton, Campbell, Chaco», Connelly, Fastin,
Fa"", F'ilante, Gotch, kiannigan, Hayden, Isenberg, 1=4
Meere ,Katz, Lee; Moore; Murray , Polaneo, RoYbal-Allard,
Speier, Tanner, and Vasconeellos
(coauthors Senators Marks, Roberti, Rosend* and
• Watson)
December 4, 1990
An act to amend Sections 12920,12921,12926,12927,12930,
12931, 12935, 12940, 12944, 12955, 12993, and 12895 of the
Government Code, relating to fair employment and housing.
z.ECM A'mE COUNSELS DICESi'
AB 101, as amended, Friedman: Discrimination in
employment. and housing.
Under the California Fair Employment and Housing Act, it
is sn unlawful to engage in. specWed discriminatory
employment praegee to mete ih empleyment
practices, including hiring, promotion, and tenvuhadon on
the basis of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status,
sex, or age. That act also nalaes it unlawful for the owner of
any housing accommodation to discriminate against any
person because of the race, color, iWic.. sex, marital tatus,
national origin, or a n c e s t ry ; er sem a —.6et of stwh that
person, and provides for various other unlawful
discrhninatory housing practices.
The act also previde rietts et -h—" tedei+v£u} praetiees
REPRINT
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medics Or the-enforcem6nt of its OMM Uts, .
lUs Milt would amend the act bolnci-i ' torte
Si -tle$r► : within the unka rU bases" for discchu ietion in
housing -and employment.
Vote: majority. Appmpriatiom-. no. Fiscal oomnazftee: yes.
State -mandated local program: no.
I SFCnON 1. Section - - - cf the Goverqment Code
3 12920 It is hereby declared -es the public policy of this
4 state that it is necessaryto protect and safeguard the right
5 and opportunity of allersons to seek, obtain, and hold
6 employment without enation or abridgment ori
7 account of race, religious creed, color, national .origin,
8 ancestry, physical handicap, medical condition, marital
9 status, sex, age, or sexual orientation,
10 It is recognized that the practice of denying
11 employment opportunity and discriminating i n the terms
12 of employment for such reasons foments damstic st d
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 coli-, religion, sex, marital status, national origin,
19 ancestry, or sexual orientation in housing
20 accommodations is declared to be against public policy.
21 It is the purpose cf this part to provide effective
22 remedies which will eliminate such discriminatory
23 practices
24 it ss the intent of the Legislature that the appffcatron
25 of the - employment provisions * of ' this part to
26 &scrimir hon based upon sexual onentation shall no.tIle
27 interpreted to-hnuire the* use of quotas.
28 The LegEdstur+e fm* ds and declares that religious
29 associations and religious corporations not organized for
30 privaiepmfitare currently exemptfr�om theprohibitions
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{ - egafra�►t; emp�oya�at�• dr'�7Fr.�' ..
2 JUN WUPF�.
. ::.3:ihis�r�gir�apb'a�t��zld-� . • - >'aloait.
4. 'phis .part shall be -palace
5 ower of the stabs for the p2�atieetnan of the welfare
6 health, and peace of thb -peopW of this,state:
7 SEC. 2. Section 12921 of the Government Code is
8 amended to read:
9 12921. Mr opportunity to-. seek; obtain and hold
10 employment without discrimination because of m e ,
11 religious creed, color, national origin, ancestry, physical
12 handicap; medical condition, marital status, -,%K, age, cr
13 sexual orientation is hereby recognized as and declared.
14 to be a civil light.
15 SEC. 3. section 12926 cf the Government Code is
16 amended to rete,'.
17 12926. As v :,ed in this part in connection with
18 mils: fui practices, unless a different meaning clearly
19 appears from the context.
20 (a) "Age" refers to the chronological age of any
t 21 individual who has reached his or her 40th birthday.
22 (b) "Employee" does not include any individual
23 employed by his or her parents, spouse, or child, or any
24 individual employed under a special license in a
25 nonprofit sheltered workshop or rehabilitation facility.
26 (c) "Employer," except as hereinafter provided,
27 includes any person regularly employing five or more
Z persons, or any person acting as an agent ofan employer,
29 directly or indirectly; the state or any political cr civil
30 subdivision thereof and cities.
31 "Employer" does not include a religious association or
32 corporation not organized for private profit.
33 (d) "Employment agency" includes `any person
34 undertaking for compensation to procure employees or
35 opportunities to work.
36 (e) "Labor organization" includes any organization
37 which exists and is constituted for the purpose, h whole
38 or in part, of collective bargaining or of dealing with
39 employers concerning grievances, terms cr conditions of
40 employment, or of other mutual aid cr protection.
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AB 101 `:..« ;. ..:
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a (g) `_`On the bum tn. this -pait!!- n or
6 refers to discximiaatiom on the basis of one or mom oflhe r
7 , following: race, roligiov i +cared,: coloor, national - origin,
8 ancestrv, vhysicai tandiczwmerlica�,oandition, aci dbd
9 status, sex, age, or -sexual orieutatim. .
10 (h) "Physicalhmdi+ea "includes impairment of bnlitt;
11 hearing, or sY.�eecl� or zmo�.t ofcphysical
12 because of ion arnputxtarc lass f fine
ot£ou cr coordination,
13 cr any other health whicktequlres special
14 education cr related services.
15 (i) "Religious -creed," "religion," "religious
16 observance," "religious belie£," and "creed" include all
17' aspects cf religious belief, observance, and practice.
18 0) "Sex" includes, but i s not limited tck pregnancy,
19 childbirth, cr medical conditions related to pregnancy or
20 childbirth.
21 (k) "Sexual orientation" means heterosexuality,
22 homosexuality, and bisexuality.
23 SEC. 4. Section 12927 of the Government Code is
24 amended to read:
25 12917. As s.zsed in this part in connectionwith housing
26 accommodations, unless a different meaning clearly
27 appears from the context:
28 (a) "Affirmative actions" means any activity for, the
29 purpose cf eliminating discrimination in housing
30 accommodations because cf race, color, religion, sex,
31 marital status, national origin, ancestry, car sexual
32 orientation.
33 (b) "Conciliation council" means a nonprofit
34 organization, or a city or county human relations
35 Commission, which provides education, fa ctfindilsg, and
36 mediation or conciliation services in resolution of
37 complaints of housing. scrim- ination.
38 (c) "Discrimination" includes refusal to sell, rent, cr
39 lease housing accommodations; includes refusal to
40 negotiate for the sale; rental, or lease cf housing
' ; ;�* aeaaoimodati+onst Blades= tatiaa� that a housing
is not avai & for = inspection, sale, or
4w: zoital when:ich housing nincldatlon is W fact so
4 trv"e; inchuIft any. othat ; demaT gar withholding of
5' housing acoommvdations; includes provision of inferior
6 terms, conditions; privileges, facilities, cr services in
Z;:,connecdm with suahhousing accommodations; includes
8
die cancellation cr termination of a sale or rental
9
agreement; and includes the provision of segregated or
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separated housing accommodations. The term
11
"dation" does not include refusal to rent or lease
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a portion of an owner -occupied single f miiy house to a
13
person as a roomer or Boarder living within the
14
household, provided that no more than one roomer or
15
boarddr is to live within the household.
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(d) "Housing accdmmodation" includes any
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improved cr unimproved real property, or portion
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thereof, which is used or occupied, or is intended,
arranged or designed to be used or occupied, as the
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home, residence, or sleeping place of one or more human
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beings; but shall not include any accommodations
by fraternal,
operated a religious, cr charitable
23
association cr corporation not organized or operated for
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private profit; provided, chat such accommodations are
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being used in furtherance cf the primary purpose cr
25
purposes for which the association cr corporation was
27
formed.
28
(e) "Owner" includes the lessee, sublessee, assignee,
29
managing- agent, real estate broker or salesman, or m y
30
person having any legal or equitable right of ownership
31
cr possession cr the right to rent or 1eahousing
32
accommodations, and includes the state and ally of its
33
political subdivisions and any agency thereof.
Code
SEC 5. Section 12930 of the Government. is
amended to read:
36
12930 The department shall have the following
37
functions, powers and duties:
38
(a) To establish and maintain a principal office and
39
such other offices within the state as are necessary to
40
carry out the purposes of this part.
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- -(b) To mail and f me don arI6yEPI*OeWftbC:th6 staff.
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(c) To y vestf►tors, pit
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and other can as ><t aQea gibe�•necea��c� i� their-
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� mt�- within the liiftations0evided by Is*, And
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prescribe theft duties.
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(d) 9b obtain upon request and utdize the services of
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all governmental departments atid–agencies and; in
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addition, with respect to housing c isarisnination, of
9
conciliation councils.
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(e) To adopt,pror*ilgate, amend, and rescind suitable
11
rules and regutations'to cavy out the functionsand duties
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of the department pursuant to this part.
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(fl (1) To receive, investigate and conciliate
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complaintsallegingpractices rnadeudlawful pursuant to
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Chapter 6 (commencingwith Section 12940).
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(2) To receive, investigate, and conciliate complaints
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alleging a violation of Section 51 er 51.7 cf the Civil Code.
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The remedies and procedures of this part shall be
independent
cf any other remedy or procedure that
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might apply.
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(g) Inconnectionwith any mattet underinvestigation
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or in question before the department pursuant to a
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complaint filed under Section 12960, 12961, cr 12954:
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(1) To issue subpoenas to'require the attendance and
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testimony of witnesses and the production of books,
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records, documents, and physical matearial&
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(2) To administeroaths, examine witnesses under oath
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and take evidence, and take depositions and affidavits.
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(3) To issue written interrogatories.
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(4) Tb request the production for inspection and
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copying of books, records, documents, and physical
2
materials.
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(5) To petition the superior courts to compel the
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appearance and testimony ofwitnesses, the production of
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books, records, documents, and physical mzf-4ak. and
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the answering of interrogatories.
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(h) To issue accusations pursuant to Section 12.465 or
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12981 and to prosecute such accusations before the
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commission. g
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(i) To issue such publications and such resdIts of
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AB, fill
ti i,. inveoiigstions and.-�as inits judgmentwi3l to-nd to
2t t ;good:..•ll .and minimise or eliminate
in employrmnt.on the. bii9es'euumerated
.4 in this part anddsciitmination in housing because of race,
5 religious creed,color,.sex, marital status, national origin,
6 ancestry, or sexual orientation.
7• (j) To investigate„ approve, certify, decertif_y,monitor,
8 and enforce nondiscrimination progmais proposed by a
9 contractor to be engaged in pursuant to Section 12950
lot {k) To render annually to the Governor and to the
11 Legislature a Mitten report cf its activities and of its
12 i ecommendations,
13. SEC. 6 Section 12931 cf the Government Code is
14 amended to read
15 18931. The department may also provide assistanceto
16 equi nunitids add persons therein in resolving disputes,
17 disagreements, or difficulties ielating to dWriminatory
18 practices based on race, religious -creed, color, national
19 Origin', ancestry, physical handicap, medical condition,
20 marital status,sex, age, or sexual orientationwhach impair
21 the rights of persons in such communities •under the
22 Constitution crr laws of the ULted States or of this state.
B The services cf th a department may bd made available in
24 cases of such dispute's, disagreements, or difficulties only
25 when, in its judgment, peaceful relations among the
26 citizens of the community involved are threatened
27 thereby. The department's services axe to be made
28 available only upon the request of an appropriate state or
29 local public body, or upon the request of any person
30 directly affected by any such dispute, disagreement, cr
30L difficulty_
32 The assistance of the department pursuant to this
33 se^tEon shall be limited to endeavors at investigation,
34 conference, conciliation, and persuasion.
35 SEC.. 7. Section 12835 of the Government Code is
3S amended to read:
37 HIM The commission shall have the following
38 functions, powers and duties:
39 (a') Toadopt, promulgate, amend, and rescind suitable
40 rules, regulations, and standards (1) to interpret,
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AB .101 ► 8 --- - . - -
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37 without pay.
38 (h) With respect to findings and orders made
39 pursuant to this part, to establish a system of published
1 and _applying the an . of this peat.:
2 (f). To lnue pu ona' and 'rendit-of i6quiries and
3 march which inits}udgroen-twiill.t�eind to.prq ote good
4 will and minimize or eiinziatate w%iI _ discrimination.
5 Such publications shall iiidwia`�annusl report to the
6 Governor and the Legislature :d its activities and
7 recommendations. t
8 SEC. 8. Section 14940 of the Government Code is
9 amended to read:
10 12940. It shall be an unlawful employment practice,
11 w3less based upon a bona fide occupational qualification,
12 or, except where basedupon applicable security
13 regulations established by the United States or the State
14 of California:
iS (a) • For an employer, because of the race, religious
16 creed, color, national origir_, ancestry, physical handicap,
17 medical condition, marital - status, sex, or sexual
18 orientation, of any person, to refuse fico hire cr.employ the
19 person or to refuse to select the person fur a training
2D program leading to employment, or tob ar or to-
discharge
21 the person from employment cr from a toning program
22 leading to employment, cr to discriminate against the
23 person in compensation or in terms, conditions or
24 privileges of employment -
25 (1) Nothing in this part shall prohibit an employer
26 from refusing to hire or discharging a physically
27 handicapped employee, or subject an employer to any
28 legal liability resulting from the refusal to employ or the
29 discharge of a pphysically handicapped employee, where
30 the employee,because cf his or her physical handicap, is
31 unable to perform his or her duties, or cannot perform
32 those duties in a manner which would not endanger his
33 or her health or safety or the health and saftiof others.
(2) Nothing in this part shall prohibit az employer
35 from musing to hire or discharging an employee who,
36 because of the employee's medical condition, is unable to
37 perform his or her duties, or cannot perform those duties
38 in a manner which would not endanger the employee's
39 health or saIely or the health or safety of others. Nothing
40 in this part shah subject an employer tro any legal liability
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resulting €` '- AheAt l -" df
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an emplo '`w' � = piny+�ers `-stiedfc l
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condition;: g unable`' W- °I b `tr `her`" dunes; at
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cannot pe'rfa tbtie�'~a r wc1, would
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not endarige�� that` ;�s�ttyee' l4eaith' fit safet 'at the
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health or safety of'o]�is
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(3) NodAng1h this part relating to " ' 'on on
-8
account of marital status shall either (i) affect the right
9
of an employer to reasonably 'regi&bei, for reasons cf
10
supervision, safety, security, cr morale, the worldng of
11
spouses in ,the same department, division, or facility,
12
consistentwith the rules and regulations adopted by the
13
commission, or (ii) prohibit bona fide health plans from
14
providing additional or greater benefits to employees
•15
with dependents than tothose employees withoutorwith
16
fewer dependents. Nothing in this part mlatiag to
17
discrimination on acmuat of sexual orientation shalt be
18
interpreted toinvalidate anymadbd status classification
19
which is otherwise valid.
20
(4) Nothing in this part releting to discrimination on
21
account of sex shall affect the right ofan employer touse
{
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veteran status as a factor in employee selection or to give
23
special consideration to Vietnam era veterans.
24
(b) For a labor organization, because cf the race,
25
religious creed, color, national origin, ancestry, physical
{
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handicap, medical condition, marital s t a b, • ep saw ser, or
27
sexual orientation of any person, to exclude, expel cr
28
'29
restrict from its membership the person or to provide
to
only second-class cr segregated membership or
30
discriminate against any person because cf the race,
31
religious creed, color, national origin, aneeRtry, physical
32
handicap medical condition, marital status, sex, or sexual
33
orientation aEthepersonin the election of officers efthe
34
labor organization or in the selection of the labor
�p
35
organization's staff cr to discriminate naimi to in any way against
t�
36
any of its members cr against any employeror againstany
37
person employed by an employer.
38
(c) For any person to discriminate against any person
39
in the selection cr training cf that person ii any
40
apprenticeship training program or any other training
96 M
AB 10,
program leading,t.>employ wnt b"use. of. the race,
rohgiQua creed, color, national origin,. Aneestr3r, physical
t . hiadiea D, medical condition,'mari status, sex, or sexual
E., i mei tation of the 1ra6n dlscsimii ated. against.
i (d) For any employer or ''employment
agency, unless
i specifically acting in . accordance with ` federal equal
T employment opportunity guidelines and - regulations
4 approved liy the commission, to print or ,circulate or
9 cause to be printed or circulated any publication, or to
D make any !)on-job-related inquiry, either verbal or
1 through use cf an applicationform, which e3Tresses,
2 directly or 'indirectly, any limitation, specifircation, cr i
3 n as to race, religious creed, color, national
.4 origin, ancestry, physical Handicap, medical condition,
15 marital status, sex, or sexual orientation, cr any intent to
V make any such ] Atatim, specification or discrimination.
'P Nothing in this subdivision shall prohibit any employer
1B from making, in connection with prospective
19 employment, an inquiry. as to, or a request for
20 information regarding, the physical fitness, medical ,
21 condition, physical condition or medical • histmy of
22 applicants if that inquiry cr request for information is
23 directly related and pertinent to-the position the
24 applicant is applying for cr directly-related to a
25 determination of whether the applicant would endanger
26 Iris or her health orsafety or the health cr safety of others.
27 (e) For any employer, Iabor arganizatiai, or
28 employment agency to harass, discharge, expel, or
29 Otherwise discriminate against any person because the
30 person has made a report pursuant to Section 11161.8 of
-31 the Penal Code, which prohibits retaliation against
32 hospital loyees who report suspected patisYt abuse
33 by healthities or community care fa -ties.
34 (f) For any employer, labor organization,
35 employment a ency, or person to discharge, expel, ar
36 otherwise ci3terate against any person because the
37 person has opposed any-practices forbidden under this
38 part cr because the person has filed a complaint, testified,
39 or assisted in any proceeding under this part.
40 (g) For any person to aid, abet, incite, compel, cr
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part,
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ager
prog
because of race, religious creed, color; national Origin,
ancestry, physical handicap, medical 'condition, marital
states, sex, age, or sexual orientation, tD harms an
employee or applicant Harassment of an employee or
applicant by am. employee, other than an agent cr
supervisor shall be unlawful if the entity, cr its agents or
supervisors,lmows cr should have known cf this conduct
and fails to take immediate and appropriate corrective
action. A n entity Shall take all reasonable steps to prievent
harassment from occurring. Loss cf tangible job benefits
shall not be necessary in order to establish harassment
The provisions of this subdivision are declaratory cf
existing law, except for the new duties imposed on
employers with regard to harassment For purposes of
this subdivision only, "employer" means any person
regularly employing one or more persons, or any person
acting as an agent of an employer, directly cr indimctly,
the state, or any paUt cal cr c i v i I subdivision thereof, and
cities. However, "employer"does not include a religious
association cr corporation not organized for private
profit. For other types of discrimination as enumerated in
subdivision (a), an employer remains as defined in
subdivision (c) of Section. 129W. Nothing contained in
this subdivision shall be construed to apply the definition
of employer found in this subdivision to subdivision (a).
(i) For an employer, labor organization, employment
agency, apprenticeship training program, or any training[
program leading to employment, to fail to tike all
reasonable stems necessary to prevent discrimination and
harassment from occurring.
0) For an employer cr other entity covered by this
part to refuse to hire or employ a person or to refine to
select a person for a training program leading to
employment or to bar or to discharge a person from
employment cr from a training program leading to
't`�:1.•. - .rFY;►.hsTlr-i: •'Aj�,21'C•�^�N'+'. • Aik a��:•�...
13b in
•poor too discrfrrlinate' aJawt .e,. Win._ _
8 oom oa or i»' temps, ;coaaditions, °or privileges- of
t'J r ead "t-bec uum,bf. a coafRct•between the person's
. 4 religi Y be or bb" rvowe - and - any • emplayment
3 req • unless the employer or, other entity
6 covered by .this part -demonstrates that it has explored
7 any available reasonable alternative means of
8 accoinmodatina the religious belies' or observance,
9 including the possibilities of excusing the person from
• 10 those dudes which conflictwith his or her religious belief.
11 or observance or permitting those duties to be performed
12 at another time or by another person, but is unable to
13 reasonably accommodate the religious belief or
14 observance without undue hardship on the conduct of
15 dm business cf the employer or other entity covered by
16 this part. Religious belief or observance, as used in this
17 section, includes, but is not limited to, observance such as
18 a Sabbath or other religious holy day or days, and
19 reasonable time necessary for travel prior and
20 subsequent to a religious observance.
21 SEC. 9. Section 12944 of the Government Code is
22 amended to read:
23 12944. (a) It shall be unlawful for a licensing board to
IX require any examination or establish any other
45 qualification for licensing which has an adverse impact on
26 any class by virtue of its race, creed, color, national origin
27 or ancestry, sex, age, medical condition, physical
28 handicap, or sexual orientation, unless such practice can
0 be demonstrated to be job related.
30 Where the commission, after hearing, determines that
31 an examination is unlawful under this subdivision, the
32 licensing board may continue to use and rely on such
33 examination until such time as judicial review by the
34 superior court cf the determination is exhausted.
35 If an examination cs: other qualification for licensing is
36 determined to be unlawful under this section, that
37 determination shall not void, limit, repeal, or otherwise
38 affect any right, privilege, status, or • responsib-lity
39 previously conferred upon any person by such
t 40 examination or by a license issued in reliance on such
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inati
(b) it aiiaIlav�any8laosrci„urless
specMcaliy: Acting .in. •` !:,£ede�al equal
employmegt;tyopg?oidiatty : gadeli�or. regulations
approved ' by the cion, .to print, .or , circulate or
cause to be nrinted' or circulated anv. vublication, or to
make any. non job-related inquiry, either verbal or
through use cf an application form, which ems,
directly or indirectly, any limitation, specification, cr
discrimination Oa to race; religious creed, color, national
origin, ancestry; - physical handicap, medical condition,
sex, age, or sexual orientation, or any intent to make any
such limitation,'specification, or disrriminaatiim. Nothing
in thissubdivision shall prohibit any licensing board from
making, in connection with prospective licensure cr
certification, an inquiry -As to, or a request for information
regarding, the physical fitness of applicants if that inquiry
cr request for information is directly related and
pertinent to the license or the liccnsed position the
applicant is applying for.
(c) It is unlawful for a licensing board to discriminate
against any person because such person has filed a
complaint, testified, or assisted in any prodding tinder
this part.
(d) It is unlawful for any licensing board to fail in keep
records ofapplications for Licensing or certification for a
period cf two years following the date of receipt aE such
applications,
(e) As used in this section, "licensing board ' means
any state board, agency, cr authority in the State and
Consumer Services Agency which has the authority to
grant licenses cr certificates which are prerequisites to
employment eligibility or professional status.
SEC. 10. Section 12955 of the Government Code is
amended to read:-
12955.
ead:12955. it shall be unlawful:
(a) For the owner of any housing accommodation to
discriminate against any person because of the rase,
color, religion, sex, marital status, national origin,
ancestry, or sexual orientation of such person.
zT,
1
I
1 (b) For the owner of tinyhotxshs$ �►cod�a�odaiion to
S >nmake tw totante to be made anywitt& ar oral inquiry
3 cone&W g tbn•rWe;.:color; rd*k. ; §&-,# iar" fttu.%
4 . bad6nal odgin;• aurestiy, or neutral-=diient$tton aaiy
5 person seeking to purchase, rent of Ieaae any hdVsing
6 -accommodative.
7 (c) Form y person to -make, print, drpublish, or cause
8 to be made, printed, or published enymotice, statement,
9 or advertisement, with respect to the sale or rental of a
10 housing accommodation that indicates'; any preference,
11 limitation, or discrimination based oix race, color,
12 religion, sex, marital status, national origin, ancestry, cr
13 sexual orientation or an intention to make any such
14 preference, limitation, or discrimination.
15 (d) For any persicasubject to the provisions of Section
16 51 of the Ci-il Code, as that section applies to housing
17 accommodations, as defined in this part, to discriminate
18 against any person because of race, color, religion, sex,
19 marital status, national origin, ancestry, cr sexual
20 orientation with reference thereto.
21 (e) For any person, bank, mortgage company or other
2.2 financial institution to whom application is made for
23 financial assistance for the purchase, organization, or
24 construction of any housing accommodation to
23 discriminate against emy person cr group iaf persons
26 because aE the race, color, religion, sex, matiUd status,
27 national origin, ancestry, cr sexual orientation of such
28 person cr persons, cr cf prospective occupants or Moran s,
29 am the terms, conditions, cr privileges relating to the
30 obtaining or use of any such financial assistance.
M (t) For any owner cf housing accommodations to
32 harass, evict, cr otherwise discrin 'mate against any
33 person am the sale cr rental of housing a6commodatiuns
34 when the owner's dominant purpose i s retaliation against
35 a person who has opposed practices unlawful under this
36 section, informed I a enforcement agencies of pra ti�oas
37 Believed unlawfid under this section, cr has �estifined or
38 assisted in any proceeding under this part. Nothing
39 herein is intended to cause cr permit the delay of an
40 unlawful detainer action.
CA ,.W
I
I
f g) Foi any person t &,Mcd -Abets indt e�- boWt el, or
2
coerce the doing of-anypahe acts or pmcdowAaclared
3
unlawful in this erections ds*to attevotto-do so.
4
SEC. 11. Section 12963 of t-_ -' _ ' t -Code-it
5
amended to read
6
12993. (a) The provisions of this ` part shall be
7
construed - liberally fort the accomplishment of the
8
a 9
purposes thereof. Nothing contained in this part shall be
deerned to the of the Civil Rights
repeal an of provisions
10
Law or of any.,;ether low of this state relating to
11
discrimination because of Lace, religiaus creed, color,
12
national origin, ancestry, physical handicap, medical
13
condition,. -marital status, sex, age, or sexual orientation.
14
(b) Nothing eontained in this part relating to
15
di scrimL tion in employment on account of -sex or
16
medical condition shall be deemed to affect the operation
17
of the terms or conditions of any bona fide retirement,
18
perision, employee benefit, or insurance plan, provided
19
such tenns or conditions are in accordance with
29
customary and reasonable or actuarially sound
'. 21
underwriting practices.
22
(c) While it is the intention cf the Legislature to
23
occupy the field of regulation of discrimination in
24
employment and housing encompassed by th a provisions
25
of this part, exclusive of all • other laws banning
CE 26
discrimination in employment and Rousing by any city,
27
city and county, county, or other political subdivision of
28
the state, nothing contained ar this part ghail be
29
construed, in any manner or way, to limit or restrict the
30
application of Section 51 of the Civil Code.
31
SEC. 12. Section 12995 cf the Government Code is
32
amended to read:
33
12995. Nothing contained in this part relating to
fi 34
discrimination in housing shall be construed to:
m 35
(a) Affect the title or other interest of a person who
36
purchases, leases, cr takes an encumbrance on a housing
2 37
accommodation in good faith and without knowledge
38
that the owner or lessor of the property has violated any
39
provision of this part.
40
(b) Prohibit any postsecondary - educational
00
I . institution, .whether Private or public, from providing
.2 - housing accommodations reserved- for either male or
3 female students so long as no Individual person is denied '
4 equal access -bo
5 providing separate accommodations* reserved
6 primarily for married students or for studputs with minor,
7 dependents who reside with them.
8 - (e) Prohibit selection based upon factors other than
9 race, color, religion, sex, marital status, national origin,
10 ancestry, or sexual orientation.
11 (d) Promote housing Accommodations on a
12 preferential or quota basis,
;
O
;
;
;
98 33d
MAY— T-91 TUE 13:13 F 1. . DCS LANG1:151 t is
City of Lancaster
44933 North Fern Avenue
tancaster. Calffr)rnia 93535
805-723-6000
May 7, 1991
Honorable Pete Wilson
Governor
State of California
State Capitol, First Floor
Sacramento, CA 95814
Dear Governor Wilso..O:
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George S. TStop-a•is
Naro��14. Sc•h.;��s
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Two bills, Assembly Sill 101 and Assembly Bill 161, are presently working
their way through the -legislative process -and are expecfed to soon appear
on your desk. We would urge you to: veto thesebille because we sincerely
believe that the changes in-law they propose threaten the traditional family
unit and traditional family values.
The traditional family is and has been th.: foundation of our society. We
fear that the extension of extraordinary privileges to behavior -based groups,
as these two measurer3 propose, •pose3 an unacceptable threat to the
traditional family unit and traditional family values. The Mousing
privileges proposed to be extended under Assembly Bill 101 exceed the
protections afforded families with children! Legitimizing marriages
between and among membtrs of the :same sex is a concept alien to those
who embrace traditional family values.
in support of traditional family -values,- "day 6, 1:991., the Lancaster City
Council.voted unanimously to express itsvi orous opposition to Assembly
Bill 101 and Assembly Bill 167. Because of the expected negative afT'ects
these m .res will have or the family, wry urge you to veto Assembly Bill
• 101 —_!_YAssembly Bill 16`!:
Respec ly,
V. mn
Mayor
Christian
Community
Concerns
August 6, 1991
Council Member Randy Snider
P.O. Box 3006
Lodi, CA 95241
Dear N r . Snider:
AB 101, the hanosexual bill, is steamrolling through the state leg sl�tture and is
gaining momentum very fast.
Enclosed is same information on the bill to bring you up-to-date as to the status of
this bill, and the implications to the churches if this bill becomes law.
AB 101 passed the State Assembly on June 28, and is now on the Senate Side. It
passed the Senate Judiciary Connittee several weeks ago and next will be heard in
Me Senate Appropriations Carmi ttee probably on August 19. If it passes there it
will go for a vote on the Senate Floor and then to the Governor's desk for
signature.
Regardless of how a person feels towards the hanosexual cannunity, this is a bad
low. There is absolutely no canpelling reason why we need AB 101, except to advance
the real agenda of the hanosexual ccamunity, which is to force straight America to
accept their deviant life style.
Our churches, and the Christian eormuni ty at large are very concerned, and are
watching very closely the activity surrounding this bill.
As the director of Christian Cam,unity Concerns I am asking that you as our city
council stand with us in opposing this bill.
Last year, on October 17, the City Council took a position to support the Alcohol
Industry by opposing proposition 134, and supporting proposition 126, the alcohol
tax initiatives, because they felt it would be harmful to the Lodi Wine Industry.
AB 101, if passed, would be equally harmful to the churches. I would hope that you
would recognize the serious implications this bill will pose, and join with us in
opposing it.
Thank -you very much for your consideration.
SSiin/cerely,
Ken oven
Director
P.0. Box 367 e Lodi, California 0 95241
* �k * ♦*.*:* * �*,* *:* ** fir **�* �* * * * f* * *' *-*.*'�Ar .* * *�* **
Traditional Values Coalition
CMAIRWN
Rev. Louis P. Sheldon
March 27, 1391
Assemblyman Terry Friedman
Chairman, Assembly Labor and Employment Committee
State Capitol
Sacramento, CA 95814
RE: Opposition to A3 101
Dear Assemblyman Friedman:
The Traditional Values Coalition opposes AB 101 because it,
along with its companion bill AB 167 (same sex marriages),
seeks to fulfill the real homosexual agenda -- use the power
of tha state to gain full acceptance of the homosexual
lifestyle and garner special recognition and privileges.
Numerous historic statements, such as the Bill of Rights and
the 14th Amendment of our Constitution, grant civil liberties
and equal rights to ALL Americans. For a few special groups,
Civil Rights laws have been devised to redress legitimate and
substantial discrimination related injuries not addressed by
existing law. Though such laws are powerful and coercive,
they currently have the broad support of the public,
legislatures, and courts because the groups having access to
them have, after years of evidence gathering and public
debate, been carefully chosen.
To be among those receiving protection, a group must be
identified as a "discrete and insular minority" (Chief
Justice Stone, U.S. Supreme Court, 1938) . AB 101 would
raise homosexuality to the same legal and protected status as
true insular and discreet minorities. It would take away
resources from serious legitimate civil rights cases which
would thereby do a significant dis-service to those seeking
remedy from true racial and religious discrimination.
To be considered for special protection, a class of
individuals must meet ALL of the following criteria: exhibit
obvious, immutable, or distinguishing characteristics that
define them as a discrete group; show that they are a
minority or politically powerless; have as a class of
individuals, endured substantial injury. Alternatively, the
individual or group could demonstrate that the statutory
classification at issue burdens a fundamental right.
100S.ANAHEIM BLVD. • SUITE 350 • ANAHEIM.CA92805 • (714)520.0300
112715thSTREET • SUITE 521 • sAcRAmEmT0 ,CA95814 • (916)444-5375
1010VERNIONTAM. N.W. • SUITE 210 • WASHINGTON. D.C.20005 0 (202) 244-8702
The following includes some of the rationale federal courts
have cited when refusing to grant homosexuals special
recognition and privileges:
1) Homosexuality is not an immutable characteristic; it is
behavioral. Hence, it is fundamentally different from traits
such as race, gender, or alienage, which define existing
minority groups.
2) The homosexual community does have political power. Many
elected public officials are openly homosexual, their
political action committees raise millions of dollars and
their political lobbyies influence congress and state
legislatures.
3) The homosexual community has not endured substantial
injury. There is no evidence that homosexuals encounter the
kind of systematic, arbitrary, and irrational discrimination
many ethnic groups endured for years. The atrocities which
led up to the 1964 Civil Rights Act simply do not exist today
against homosexuals. There are no seperate restaurants,
drinking fountains or restrooms for homosexuals.
The U.S. Supreme Court ruled in Bowers v Hardwick, 1986 that
homosexual behavior is not a fundamental right protected by
the Constitution. In that decision the Court stated that to
protect homosexual sodomy would require the eventual
protection of other deviant sexual behaviors such as incest.
The Court said, "We are unwilling to travel down that road."
People's intuition, that giving special recognition and
privileges to homosexuals is the first step in a much larger
agenda, is in fact backed up by the highest court in the
land.
Homosexuality is a matter of choice. .Researchby Masters and
Johnson, Dr. John Money of Johns Hopkins School of Medicine,
Dr. Charles Socarides of the Albert Einstein College of
Medicine and Dr. George Rekers of University of South
Carolina shows that homosexuality is based on environmental
factors. This is a fact which even the homosexual LIFE Lobby
cannot refute; nor can it conclusively demonstrate that
homosexuality is genetic. Realizing this and the negative
political ramifications associated with it, the LIFE Lobby
dismisses the issue of "choice of behavior" as irrelevant.
Much of our current legislation, school curriculum and
government programs regarding homosexuality depends upon
scientifically inaccurate and fraudulent data. Many studies
prove this point. Kinsey, Sex and Fraud, by Drs. Reisman and
Eichel, show that the Kinsey Study of 1948, upon which some
ccnclusiona about homosexuality are based, is fraudulent.
The oft -quoted figure of a 10% homosexual population is one
of the inaccurate conclusions. The University of Chicago's
National Opinion Research Corporation (NORC) has shown that
the homosexual population is actually less than 1% of the
overall population, Moreover, because homosexuality is
caused by environmental factors such as rape, molestation,
dysfunctional families, etc,, the number of homosexuals in
society is not a consistent percentage of the population,
Furthermore, initial analysis of data from several studies
and state run departments shows that complaints of
discrimination based on sexual orientation were small in
number; even fewer were proved.
In summary, there is no compelling need for AB 101. Nor are
there compelling arguments that justify legislating minority
status to homosexual behavior or sanctioning the legitimacy
of the true homosexual agenda.
Sincerely,
Rev. Louis P. Sheldon
Chairman
LPS/sr
Traditional Values Coalition
CHAIRMAN
Rev Louis R Sheldon
AB 101 FACT SHEET
AB. ML:
* Amends the Fair Employment and Housing Act:
adds "sexual orientation" to the list of specially
protected minority classifications that cannot be
considered for housing and employment purposes.
* Raises homosexuality to full status as a protected civil
right:
- Removes heterosexuality from center stage as the norm
and consensus for society.
- Provides homosexuals special minority rights based
solely upon their choice of sexual behavior.
• Forces religious institutions and charitable organizations
to employ homosexuals and bisexuals:
- Applies to all non-sectarian staff. (Does not apply to
clergy .)
- Includes all paid and volunteer positions.
* Does not let a person who rents out a home or room(s)
refuse housing to an applicant because he/she is a
homosexual.
Diverts scarce resources from legitimate minorities and
serious civil rights cases.
Arquments .In Opposition To AB 101:
* There is no compelling need for the bill:
- Homosexuals already enjoy the same legal rights as other
Americans do. {Enumerated in the Bill of Rights and the
Constitution.)
- State documented data confirm this lack of need:
a. State Personnel Board (SPB) data taken between 1986
and 1989 show that out of 4,200 total complaints,
legitimate discrimination complaints based on sexual
orientation amounted to only .298 of all SPB
complaints.
100 S. ANAHEM BLVD. • SUITE 350 • ANAHEM CA 92805 ° (714) 520-0300
112711th STREET • SUITE 521 • SACRAMENTO, CA 95814 • (916) 444-5375
1010 VINWK NT AVE. N.W. • SUITE 210 • WASHNGTON. D.C. 20005 • (202) 244-8702
b. Department of Fair Employment and Housing (DFEH) data
taken between 1987 and 1990 show that out of 30,900
total complaints, legitimate discrimination based
upon sexual orientation amounted to .032% of all DFEH
complaints.
Homosexuals do not qualify as legal minorities:
- The Supreme Court ruled that to be protected as a
"discrete anJ insular" minority, a group must exhibit
immutable characteristics, be politically powerless, and
have endured substantial injury.
- Homosexuality is not an immutable characteristic, it is
a behavioral choice.
- The homosexual community has considerable political
power.
- The homosexual community has not endured substantial
injury --there are no separate restaurants, restrooms or
drinking fountains for homosexuals.
Homosexual behavior is not a fundamental right:
The Supreme Court ruled in Bowers v Hardwicke, 1986,
that homosexual behavior is not a fundamental right
protected by the Constitution.
It is unfair and insulting to those minorities whose
status is valid, permanent and irreversible.
Homosexuality is a matter of choice:
- Science generally agrees that homosexuality is based
upon familial and environmental factors rather than
genetics.
- No homosexual gene has ever been identified.
It is a decision not a destiny.
- There are recovered homosexuals; are there likewise
recovered blacks, hispanics, etc..
* At most, only 3% of the population is homosexual.
- National Opinion Research Corporation, a University of
Chicago group which develops statistics for the U.S.
government, shows that less than 1% of the population is
homosexual.
- Center for Disease Control studies estimate that maybe
3% of the population is homosexual.
* It is a direct assault on the traditional family and the
heterosexual ethic.
It takes away the legal and moral rights of others:
- Forces people to comply with the state's determination
that homosexuality is a legitimate and protected
behavior,
- Restricts a person's religious rights and moral
conscience.
* Homosexuality is a risk to the public health:
Homosexuals claim their lifestyle is a healthy and
viable alternative to heterosexuality, but can this be
true when we consider that homosexual men account for:
a. 80% of all California AIDS cases,
b. 50% of all U.S. cases of syphilis, gonorhea of the
throat and intestinal infections,
C. a rate of hepatitis B infecion 20-50 times greater
than heterosexuals.
Homosexuality often leads to other deviant sexual
behaviors such as pedophilia or beastiality.
In the future, "sexual orientation" can be expanded to
include pedophilia, beastiality, sado-masochism and cross -
generational sex (incest).
Prior experience shows that supporters of this bill
say one thing to get passage then do another, revealing
their true agenda,
March 26, 1991
Reverend Louis P. Sheldon
Traditional Values Coalition
Suite 350
100 So. Anaheim Blvd.
Anaheim, CA 92805
Re: AB101
Dear Reverend Sheldon:
As you know from past contacts, I have been active in the
legal representation of various Christian ministries in the area
of employment rights. I am writing to you to briefly register my
concerns about AB101 which would add sexual orientation to the
protected categories under the Fair Employment and Housing -Act.
In my opinion, this bill would pose grave legal concerns to
Christian ministries such as schools which oppose on Biblical
grounds heterosexual, bisexual: or homosexual lifestyle practices
which are unchaste. My reasoning is as follows;
1. There are only nine religious nonprofit tax exempt
organizations in the state who have been determined to be exempt
from the jurisdiction of the Department of Fair Employment and
Housing (t/DFERII) pursuant to the religious employer exemption of
Government Code section 22926(c) . only two of these exempted
organizations are educational institutions.
2. To be determined exempt, a religious nonprofit tax
exempt organization has to be charged :with a violation of t h e
Fair Employment and Housing Act ("FEHA") and must raise its claim
that it is not an employer subject to -the Act. As you can see
from the attached enforcement memorandum of the DFEH, that
exemption does not just occur on the presentation of
documentation of religious organizational status and tax"
exemption, DFEH makes further and, in my opinion,
unconstitutionally intrusive inquiry into the beliefs and
practices of the organization and its board and employees.
3. Many religious organizations. more concerned with
mission than with organizational details may not have paid
attention to the organizational prerequisites for the exemption,
and may be caught unawares. For instance, I recently encountered
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March 26, 1991
Reverend Louis P. Sheldon
Traditional Values Coalition
Suite 350
100 So. Anaheim Blvd.
Anaheim, CA 92805
Re: AB101
Dear Reverend Sheldon:
As you know from past contacts, I have been active in the
legal representation of various Christian ministries in the area
of employment rights. I am writing to you to briefly register my
concerns about AB101 which would add sexual orientation to the
protected categories under the Fair Employment and Housing -Act.
In my opinion, this bill would pose grave legal concerns to
Christian ministries such as schools which oppose on Biblical
grounds heterosexual, bisexual: or homosexual lifestyle practices
which are unchaste. My reasoning is as follows;
1. There are only nine religious nonprofit tax exempt
organizations in the state who have been determined to be exempt
from the jurisdiction of the Department of Fair Employment and
Housing (t/DFERII) pursuant to the religious employer exemption of
Government Code section 22926(c) . only two of these exempted
organizations are educational institutions.
2. To be determined exempt, a religious nonprofit tax
exempt organization has to be charged :with a violation of t h e
Fair Employment and Housing Act ("FEHA") and must raise its claim
that it is not an employer subject to -the Act. As you can see
from the attached enforcement memorandum of the DFEH, that
exemption does not just occur on the presentation of
documentation of religious organizational status and tax"
exemption, DFEH makes further and, in my opinion,
unconstitutionally intrusive inquiry into the beliefs and
practices of the organization and its board and employees.
3. Many religious organizations. more concerned with
mission than with organizational details may not have paid
attention to the organizational prerequisites for the exemption,
and may be caught unawares. For instance, I recently encountered
i . t:
. Reverend Louis Sheldon
March 26, 1991
Page 2
a Catholic college which had mistakenly organized itself as a
public benefit nonprofit corporation rather than a religious
nonprofit corporation, thus losing the benefits of the religious
employer exemption,
4. The mechanism for obtaining, exemption is in the nature
of a legal. defense rather than an affirmative process to
establish the religious nonprofit status of the organization. I
believe that the legislative history of Government Code section
1292E(c) shows that if an entity was organized a6 a religious
nonprofit corporation or association and had obtained tax-exempt
status, it was to be exempt from the Act. The DFEH, however,
requires further proof of religious orientation of the
corporation unwilling to apply the standards of the law. Many
claims of religious exemption when made as a defense are made in
the harsh light of publicity such as t h e recent claims of the
homosexual professor against Christ college in Irvine or the
priest -professor at Loyola University who married without
renouncing his vows. The heavy media -attention creates extra
burdens which leads to political pressure not to give the
exemption to the claiming organization.
There are provisions under Title 'IX Gf the Federal C i v i i
Rights Act that allow religious colleges or universities to apply
to the Secretary of Education in advance for determination that
these organizations are exempt from provisions of that law due to
religious objections to abortion and birth control coverage in
student health plans. Religious organizations should be given a
similar mechanism under the FEMA to obtain an affirmative
determination of religious exemption even before any charges are
made.
5. The addition of the sexual orientations of
heterosexuality, bisexuality and homosexuality to the categories
protected by law from discriv.1nation while requiring religious
organizations to prove their religious: orientation to obtain
•xesnption from the same law is, in effect, stating the religious
practice is the .aberration and that homosexuality or bisexuality
are the normal standard of the law. It will open up churches and
ministries to legal claims of bigotry for simply holding to one
Of the most traditional and basic of spiritual values -- the
integrity of tho heterosexual relationship within the sanctity of
marc age. This is basic to Christian belief because it is the
very metaphor expressing the ideal between Christ and His Church.
This may be an obvious point, but it cannot be overemphasized -
If this amendment is passed, member churches and Ministries can
expect persecution for basic beliefs.
Reverend Luis Sheldon
March 26, 1491
Page 3
I have also given some thought to my earlier comments to you
about the California Supreme Court decision in Roio v_ XLJ= and
U. S. Supreme Court decision in Smith vs. oreaon Department of
Emnlovmenr and their possible impact if the proposed AB101 is
passed. While these decisions pose problems to churches, they
really do not provide direct reasons €or opposing this
legislation, in my opinion.
I hope the information is helpful to you and may assist you
in informing churches and ministries that AB101 poses a real
threat to their institutions,
Vary truly Ygurs,
0 (.f•
Kent A. Hansen
KAH : lc
cc: Dr. Paul Kienei
6.1. Sheldon
Jew WASK61
""bum
No*
u�r
STATE OF HAWAII
DGAAATMGNT OR TMK ATTORNEY GZNERAL
426 outch atwNr
MOrrOWW, iww,ul "V--
1601 1 SA"Irel
sat $feu &4t -V 00
March 19; 1991
The Honorablo Gens Ward
Representative,Twenty-Second District
The Simbnth Legislature
Stato of Hawaii
State Capitol, Room 415
Honolulu, Hawaii 96813
Dear Representative Ward:
Fe: S.B. No. 1811, S.D. 1
, . 1
1.
w"rtes "Ica. IN
Arrtb{t OtMM►
C01UMMs K. R WarAM141
.wll ftfu Arm"V "MM,
This letter is in response to your written request wherein you asked for our
interpretation of section 378.3 exemption (5) as it relates to S.B. Nb. 1811.
It is our opinion that, under the First Amendment of the United States Constitution
(the sepuation of church and state), members of the clergy (ministers, associate ministers,
_pastors, etc.) arc exempt from tho provisions in S. B. 1811.
However, non-sectarian employees of the church, church -sponsored activities or
programs are not exempt. This would include secretaries, janitors, gardeners, teachers, etc.
Tie church may, however, give preference to hiring certain individuals based upon religion
or denomination, but can not otherwise discriminate based upon race, national origin,
Sender, and, under S.R No. 1811, sexual orientation.
Please call me at x6-11282 if you have any further questions on this matter.
Very t y o ,
k
Warren Price, III
Attorney General
WP/SRH
•eMnrar