Bill Text: CA SB111 | 2011-2012 | Regular Session | Enrolled

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Bill Title: Civil rights: language restrictions.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2012-02-29 - Consideration of Governor's veto stricken from file. Veto sustained. [SB111 Detail]

Download: California-2011-SB111-Enrolled.html

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BILL NUMBER: SB 111	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 15, 2011
	PASSED THE ASSEMBLY  JULY 11, 2011
	AMENDED IN ASSEMBLY  JUNE 21, 2011
	AMENDED IN SENATE  MARCH 14, 2011

INTRODUCED BY   Senator Yee
   (Coauthors: Assembly Members Ammiano, Eng, Ma, and Swanson)

                        JANUARY 18, 2011

   An act to add Section 51.15 to the Civil Code, relating to civil
rights.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 111, Yee. Civil rights: language restrictions.
   The Unruh Civil Rights Act generally prohibits business
establishments from discriminating on the basis of sex, race, color,
religion, ancestry, national origin, disability, or medical
condition. The act provides civil remedies for violations of its
provisions. Under the California Fair Employment and Housing Act, it
is an unlawful employment practice for an employer to adopt or
enforce a policy that prohibits the use of any language in the
workplace, except if that policy is justified by business necessity,
as defined, and prescribed notice of the policy and consequences for
violation of the policy is given to employees.
   This bill would make it a violation of the Unruh Civil Rights Act
to adopt or enforce a policy that requires, limits, or prohibits the
use of any language in or with a business establishment, unless the
policy is justified by a business necessity, as defined, and
notification has been provided to persons subject to the language
restriction or requirement of the circumstances and the time when the
language restriction or requirement is to be observed and of the
consequences for its violation. The bill would define business
necessity to require, among other things, that the language
restriction or requirement is necessary for the safe and efficient
operation of the business and that an equally effective, but less
discriminatory, alternative practice does not exist. The bill would
provide for an award of damages, and attorney's fees as may be
determined by the court, for a violation of its provisions.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 51.15 is added to the Civil Code, to read:
   51.15.  (a) It is a violation of Section 51 to adopt or enforce a
policy that requires, limits, or prohibits the use of any language in
or with a business establishment, unless both of the following
conditions exist:
   (1) The language restriction or requirement is justified by a
business necessity. For purposes of this section, "business necessity"
means an overriding legitimate business purpose for which all of the
following are true:
   (A) The language restriction or requirement is necessary for the
safe and efficient operation of the business.
   (B) The language restriction or requirement effectively fulfills
the business purpose it is supposed to serve.
   (C) An alternative practice to the language restriction or
requirement that would accomplish the business purpose equally well
with a lesser discriminatory impact does not exist.
   (2) Notification has been provided to persons subject to the
language restriction or requirement of the circumstances and the time
when the language restriction or requirement is required to be
observed, and of the consequences for its violation.
   (b) In an action pursuant to this section, remedies shall be
awarded as provided in subdivision (a) of Section 52.
   (c) This section does not impose an independent duty on any
business establishment to advertise, serve, contract, or communicate
with customers or potential customers in a particular language.
However, nothing in this section shall be construed to alter, limit,
or negate any duties, requirements, remedies, or rights provided
under Section 51 or any other law.
   (d) The prohibitions and defenses under this section are in
addition to any other prohibitions and defenses under any other
section or other law, and the rights and remedies provided by this
section may be enforced independently of any other rights or
remedies.
   (e) This section does not apply to employment and does not expand,
reduce, or otherwise affect the provisions of Section 12951 of the
Government Code.