Amended IN Senate August 11, 2022 Amended IN Senate June 30, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 30, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2448Introduced by Assembly Member Ting(Coauthors: Assembly Members Mike Fong, Haney, Low, Muratsuchi, and Santiago)(Coauthor: Senator Min)February 17, 2022An act to add Sections 51.15 and 51.16 to, and to add and repeal Section 51.17 of, of the Civil Code, and to amend Sections 12930, 12935, and 12960 of the Government Code, relating to civil rights.LEGISLATIVE COUNSEL'S DIGESTAB 2448, as amended, Ting. Civil rights: businesses: discrimination and harassment: harassment of customers: third parties. pilot program.Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or any of the specified characteristics listed above, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions.Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.This bill would require a business to address the harassment, which would include words, gestures, or actions directed at a specific person that the person finds unwelcome and offensive and that are on account of any characteristics listed in the Unruh Civil Rights Act, of customers on its premises, including harassment by a third party, by, among other things, posting a sign provided by the department that informs customers of their rights at a business and how to report incidents of harassment.This bill would require the department to submit, as specified, to the Legislature and Governor, and publish on its internet website, a report summarizing aggregate data on harassment at businesses in the state, as prescribed, including data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses, as specified.This bill would require the department to develop or procure an online training course regarding discrimination and harassment, as defined, and make that course available on the departments internet website. The bill would require the training to include information on laws related to discrimination and harassment and how to identify discrimination and harassment. The bill would require the department to provide employees with a certificate of completion of the training, which the bill would require to be portable across employers. The bill would require businesses to provide that training no later than January 1, 2025, to all their employees in the state who interact with members of the public, as specified. The bill would authorize the department to initiate the adoption of rules, regulations, or standards implementing these provisions no later than January 1, 2024, or seek an order requiring a business to comply with the trainings requirements.This bill would require the department to establish a pilot program on or before January 1, 2025, to recognize businesses that create environments free from discrimination and harassment and would require the department to develop criteria to qualify for recognition, including, among other things, demonstrating compliance with the Unruh Civil Rights Act. The bill would require the department to provide a certificate to qualifying businesses and publish on its internet website a database of businesses receiving that certificate. The bill would require the department to evaluate whether that recognition is effective on or before January 1, 2028, as specified. The bill would repeal the pilot program its provisions on July 1, 2028.This bill would provide that the departments council has the power to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards to interpret, implement, and apply the above provisions. The bill would also grant the department the power to receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of the above provisions and would prohibit a complaint alleging a violation of those provisions from being filed after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.The Legislature finds and declares all of the following:(a)All persons in the state are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in businesses, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.(b)Discrimination and harassment on any of these bases, by any person, interferes with a persons ability to exercise this right. This interference has grave consequences for a persons freedom of movement, physical and mental health and well-being, and ability to care for themselves and their families.(c)Since the start of the COVID-19 pandemic, the Stop AAPI Hate coalition has received more than 4,100 reports of hate incidents against Asian Americans and Pacific Islanders (AAPIs) in California. More than one-quarter of the incidents occurred in businesses like retail and service establishments. Many incidents involved the racialized, and often gender-based, verbal harassment of AAPI customers by other customers.(d)AAPIs experiencing racism are more stressed by hate than the pandemic and have reported heightened food insecurity due to fears of leaving home to buy food.(e)AAPIs are not alone in experiencing racialized harassment in businesses. For example, Black customers have long reported unfair treatment while shopping, according to more than two decades of Gallup polling. Nearly 40 percent of Black adults and one-quarter of Hispanic adults reported experiencing race-based discrimination in a store where they were shopping, according to a 2020 survey by the Kaiser Family Foundation and ESPNs The Undefeated. A 20192020 study commissioned by Sephora on racial bias in retail found that two in five shoppers personally experienced unfair treatment based on their race or skin color.(f)Bias-motivated harassment at businesses is not limited to race or ethnicity. Three-quarters of women in California reported experiencing sexual harassment in a public space, including a store, restaurant, movie theater, or gym, in a May 2019 study by the Center on Gender Equity and Health at the University of California San Diego School of Medicine. More than one-half of LGBTQ respondents in a 2020 Center for American Progress study said they experienced harassment or discrimination in a public place, including a store. Nearly one-third of transgender respondents in the 2015 U.S. Transgender Survey reported being discriminated against, verbally harassed, or physically attacked in retail stores, restaurants, hotels, or movie theaters.(g)Nor are AAPIs the only community experiencing increased harassment during the COVID-19 pandemic. A survey by Pew Research Center reveals that 4 in 10 Black and Asian adults, and one-quarter of Hispanic adults, report adverse experiences due to their race or ethnicity since the pandemic began, compared to 13 percent of White adults. Asian and Black adults are more likely to say they have been the subject of slurs or jokes or feared being physically attacked or threatened due to their race or ethnicity. According to the American Jewish Committee, one in four American Jews were the targets of antisemitic incidents, including physical attacks, remarks in person, or remarks online, in 2021, and the Anti-Defamation League reported a substantial increase in antisemitic harassment across California in that same year, which was a year that also saw an all-time high in the number of antisemitic incidents across the country.(h)Existing law prohibits businesses from discriminating against customers because of a protected characteristic. Existing law also requires businesses, as employers, to maintain worksites free from prohibited discrimination and harassment, including by nonemployees.(i)Existing law does not explicitly require businesses to protect customers from fellow customers or other third parties engaging in harassment because of a protected characteristic.(j)The Legislature affirms that all customers, regardless of their race or other protected characteristics, should be free to shop for and buy groceries, medicine, and other goods and services without being targeted for their personal characteristics.(k)It is the intent of the Legislature to provide additional protections for the civil rights of customers in businesses where bias-motivated harassment takes place and to protect a persons right to full and equal accommodations, advantages, facilities, privileges, and services in businesses.SEC. 2.Section 51.15 is added to the Civil Code, to read:51.15.(a)For purposes of this section:(1)Harassment includes words, gestures, or actions directed at a specific person that the person finds unwelcome and offensive and that are on account of any characteristics listed or defined in subdivision (b) or (e) of Section 51, because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has, or is perceived to have, one or more of those characteristics.(2)Business means a private enterprise with a physical presence in the state that is open to members of the public and has a total of 100 or more employees working in the state, including, but not limited to, restaurants, grocery stores, retail stores, gas stations, banks, and gymnasiums.(3)Premises means both of the following:(A)An area inside a building that is under the businesss possession, management, or control.(B)Any other area outside of a building that is under the businesss possession, management, or control, including, but not limited to, outdoor eating areas and parking lots.(4)Department refers to the Department of Fair Employment and Housing.(b)It is the intent of the Legislature that all persons within the jurisdiction of this state have the right to be free from harassment at a business because of a characteristic listed or defined in the Unruh Civil Rights Act, because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has, or is perceived to have, one or more of those characteristics.(c)A business shall address the harassment of customers on its premises, including harassment by a third party who is not affiliated with the business, by doing all of the following:(1)Posting the sign made available pursuant to subdivision (e) in a visible and conspicuous place notifying customers of their rights at a business and how to report harassment.(2)Ensuring that employees are trained in accordance with Section 51.16.(3)Having a policy regarding how the business collects and maintains data related to incidents of harassment by a third party who is not affiliated with the business, collecting and maintaining the data in accordance with this policy, notifying employees of this policy, and submitting this data to the department upon the departments request.(d)The department shall create a standardized form for businesses to report the data pursuant to paragraph (3) of subdivision (c). The form shall specify that employees are to make good faith determinations as to whether an incident qualifies as harassment for the purposes of reporting the data.(e)The department shall develop and publish on its internet website a sign that informs customers of their rights at a business and how to report incidents of harassment, including by a third party, to the business or the department.(f)(1)On or before January 1, 2024, and on or before January 1 of each year thereafter, the department shall annually submit to the Legislature and the Governor, and shall publish on its internet website, a report summarizing aggregate data on harassment at businesses in the state, which may be disaggregated by categories, such as type of business or geographic area. The report shall include data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses pursuant to paragraph (3) of subdivision (c). The report shall be reasonably calculated to prevent the association of data with an individual business or person. The report may be combined with other reporting required of the department. (2)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(g)(1)This section shall not be construed to require an employee of a business to intervene in the harassment of customers on the businesss premises by a third party.(2)This section shall not be construed to authorize a business, or any person acting on behalf of the business, to retaliate against an employee for any actions taken, or not taken, pursuant to this section.(3)An employee of a business is not personally liable for any violations of this section.(h)This section shall not be construed to override or supersede a business establishments duties as required by this part, the Labor Code, or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). This section shall not be construed to override or supersede a business establishments applicable duties of care under existing law.SEC. 3.Section 51.16 is added to the Civil Code, to read:51.16.(a)For purposes of this section:(1)Discrimination and harassment means discrimination and other conduct prohibited under Sections 51, 51.5, and 51.7, and harassment as defined in Section 51.15.(2)Business has the same meaning as defined in Section 51.15.(3)Department refers to the Department of Fair Employment and Housing.(b)(1)No later than June 30, 2024, the department shall develop or procure, and make available on its internet website, an online training course for employees of businesses regarding discrimination and harassment at businesses that is at least one hour in length but no longer than two hours.(2)The training shall include, but not be limited to, the following information:(A)Summaries of federal and state statutes relating to discrimination against and harassment of customers at businesses, including, but not limited to, Sections 51, 51.5, 51.7, and 51.15, any duties of a business pursuant to these sections, how to identify and report those acts to the department, and remedies available to victims.(B)How to identify discrimination and harassment, including examples in which the perpetrator is a business or an employee, examples in which the perpetrator is a third party who is not the business or its employees, and examples that address the intersection of race and gender.(C)How to contact the department with questions related to the training.(3)The training shall include an interactive feature that requires a viewer to respond to a question periodically in order for the course to continue to play.(4)The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion, which shall be portable across employers.(c)(1)No later than January 1, 2025, a business shall provide the training made available pursuant to subdivision (b) to all its employees in the state who interact with members of the public.(2)After January 1, 2025, the business shall provide the training required by this section as follows:(A)Subject to subparagraph (B), once every two years to all its employees in the state who interact with members of the public.(B)Six months from the date of an employees hire or promotion, unless the employee has received the training from a previous employer pursuant to this section within the two years preceding their hire.(d)The training required by this section shall take place during regularly scheduled work hours, on paid time, and at a time dedicated solely to the training.(e)The department may seek an order requiring a business to comply with this section.(f)The department may adopt rules, regulations, or standards to implement this section, and, if the department elects to do so, the rules, regulations, or standards shall be initiated no later than January 1, 2024.(g)A businesss failure to comply with this section may be relevant to, but shall not alone create liability for, violating Section 51, 51.5, or 51.7.(h)It is the intent of the Legislature that the training required by this section establishes a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training regarding discrimination and harassment.SEC. 4.SECTION 1. Section 51.17 is added to the Civil Code, to read:51.17. (a) For purposes of this section: section, department refers to the Civil Rights Department.(1)Discrimination and harassment has the same meaning as defined in Section 51.16.(2)Business has the same meaning as defined in Section 51.15.(3)Department refers to the Department of Fair Employment and Housing.(b) (1) On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.(2) To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:(A) Demonstrating compliance with Sections 51, 51.5, 51.15, and 51.16. Section 51.(B) Offering additional training to educate and inform employees or build skills.(C) Informing the public of their rights to be free from discrimination and harassment and how to report violations.(D) Outlining a code of conduct for the public that encourages respectful and civil behavior.(E) Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.(3) The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.(4) On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Sections 51, 51.5, 51.15, and 51.16, Section 51, or reduces the incidence of discrimination and harassment at businesses.(c) This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
Amended IN Senate August 11, 2022 Amended IN Senate June 30, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 30, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2448Introduced by Assembly Member Ting(Coauthors: Assembly Members Mike Fong, Haney, Low, Muratsuchi, and Santiago)(Coauthor: Senator Min)February 17, 2022An act to add Sections 51.15 and 51.16 to, and to add and repeal Section 51.17 of, of the Civil Code, and to amend Sections 12930, 12935, and 12960 of the Government Code, relating to civil rights.LEGISLATIVE COUNSEL'S DIGESTAB 2448, as amended, Ting. Civil rights: businesses: discrimination and harassment: harassment of customers: third parties. pilot program.Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or any of the specified characteristics listed above, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions.Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.This bill would require a business to address the harassment, which would include words, gestures, or actions directed at a specific person that the person finds unwelcome and offensive and that are on account of any characteristics listed in the Unruh Civil Rights Act, of customers on its premises, including harassment by a third party, by, among other things, posting a sign provided by the department that informs customers of their rights at a business and how to report incidents of harassment.This bill would require the department to submit, as specified, to the Legislature and Governor, and publish on its internet website, a report summarizing aggregate data on harassment at businesses in the state, as prescribed, including data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses, as specified.This bill would require the department to develop or procure an online training course regarding discrimination and harassment, as defined, and make that course available on the departments internet website. The bill would require the training to include information on laws related to discrimination and harassment and how to identify discrimination and harassment. The bill would require the department to provide employees with a certificate of completion of the training, which the bill would require to be portable across employers. The bill would require businesses to provide that training no later than January 1, 2025, to all their employees in the state who interact with members of the public, as specified. The bill would authorize the department to initiate the adoption of rules, regulations, or standards implementing these provisions no later than January 1, 2024, or seek an order requiring a business to comply with the trainings requirements.This bill would require the department to establish a pilot program on or before January 1, 2025, to recognize businesses that create environments free from discrimination and harassment and would require the department to develop criteria to qualify for recognition, including, among other things, demonstrating compliance with the Unruh Civil Rights Act. The bill would require the department to provide a certificate to qualifying businesses and publish on its internet website a database of businesses receiving that certificate. The bill would require the department to evaluate whether that recognition is effective on or before January 1, 2028, as specified. The bill would repeal the pilot program its provisions on July 1, 2028.This bill would provide that the departments council has the power to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards to interpret, implement, and apply the above provisions. The bill would also grant the department the power to receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of the above provisions and would prohibit a complaint alleging a violation of those provisions from being filed after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate August 11, 2022 Amended IN Senate June 30, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 30, 2022 Amended IN Assembly March 17, 2022
Amended IN Senate August 11, 2022
Amended IN Senate June 30, 2022
Amended IN Assembly May 19, 2022
Amended IN Assembly April 18, 2022
Amended IN Assembly March 30, 2022
Amended IN Assembly March 17, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2448
Introduced by Assembly Member Ting(Coauthors: Assembly Members Mike Fong, Haney, Low, Muratsuchi, and Santiago)(Coauthor: Senator Min)February 17, 2022
Introduced by Assembly Member Ting(Coauthors: Assembly Members Mike Fong, Haney, Low, Muratsuchi, and Santiago)(Coauthor: Senator Min)
February 17, 2022
An act to add Sections 51.15 and 51.16 to, and to add and repeal Section 51.17 of, of the Civil Code, and to amend Sections 12930, 12935, and 12960 of the Government Code, relating to civil rights.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2448, as amended, Ting. Civil rights: businesses: discrimination and harassment: harassment of customers: third parties. pilot program.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or any of the specified characteristics listed above, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions.Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.This bill would require a business to address the harassment, which would include words, gestures, or actions directed at a specific person that the person finds unwelcome and offensive and that are on account of any characteristics listed in the Unruh Civil Rights Act, of customers on its premises, including harassment by a third party, by, among other things, posting a sign provided by the department that informs customers of their rights at a business and how to report incidents of harassment.This bill would require the department to submit, as specified, to the Legislature and Governor, and publish on its internet website, a report summarizing aggregate data on harassment at businesses in the state, as prescribed, including data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses, as specified.This bill would require the department to develop or procure an online training course regarding discrimination and harassment, as defined, and make that course available on the departments internet website. The bill would require the training to include information on laws related to discrimination and harassment and how to identify discrimination and harassment. The bill would require the department to provide employees with a certificate of completion of the training, which the bill would require to be portable across employers. The bill would require businesses to provide that training no later than January 1, 2025, to all their employees in the state who interact with members of the public, as specified. The bill would authorize the department to initiate the adoption of rules, regulations, or standards implementing these provisions no later than January 1, 2024, or seek an order requiring a business to comply with the trainings requirements.This bill would require the department to establish a pilot program on or before January 1, 2025, to recognize businesses that create environments free from discrimination and harassment and would require the department to develop criteria to qualify for recognition, including, among other things, demonstrating compliance with the Unruh Civil Rights Act. The bill would require the department to provide a certificate to qualifying businesses and publish on its internet website a database of businesses receiving that certificate. The bill would require the department to evaluate whether that recognition is effective on or before January 1, 2028, as specified. The bill would repeal the pilot program its provisions on July 1, 2028.This bill would provide that the departments council has the power to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards to interpret, implement, and apply the above provisions. The bill would also grant the department the power to receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of the above provisions and would prohibit a complaint alleging a violation of those provisions from being filed after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.
Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of specified characteristics, including sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or any of the specified characteristics listed above, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prohibits an employer and other specified entities from harassing an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, if the entity, or its agents or supervisors, knows or should have known of that conduct and failed to take immediate and appropriate corrective action.
This bill would require a business to address the harassment, which would include words, gestures, or actions directed at a specific person that the person finds unwelcome and offensive and that are on account of any characteristics listed in the Unruh Civil Rights Act, of customers on its premises, including harassment by a third party, by, among other things, posting a sign provided by the department that informs customers of their rights at a business and how to report incidents of harassment.
This bill would require the department to submit, as specified, to the Legislature and Governor, and publish on its internet website, a report summarizing aggregate data on harassment at businesses in the state, as prescribed, including data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses, as specified.
This bill would require the department to develop or procure an online training course regarding discrimination and harassment, as defined, and make that course available on the departments internet website. The bill would require the training to include information on laws related to discrimination and harassment and how to identify discrimination and harassment. The bill would require the department to provide employees with a certificate of completion of the training, which the bill would require to be portable across employers. The bill would require businesses to provide that training no later than January 1, 2025, to all their employees in the state who interact with members of the public, as specified. The bill would authorize the department to initiate the adoption of rules, regulations, or standards implementing these provisions no later than January 1, 2024, or seek an order requiring a business to comply with the trainings requirements.
This bill would require the department to establish a pilot program on or before January 1, 2025, to recognize businesses that create environments free from discrimination and harassment and would require the department to develop criteria to qualify for recognition, including, among other things, demonstrating compliance with the Unruh Civil Rights Act. The bill would require the department to provide a certificate to qualifying businesses and publish on its internet website a database of businesses receiving that certificate. The bill would require the department to evaluate whether that recognition is effective on or before January 1, 2028, as specified. The bill would repeal the pilot program its provisions on July 1, 2028.
This bill would provide that the departments council has the power to adopt, promulgate, amend, and rescind suitable rules, regulations, and standards to interpret, implement, and apply the above provisions. The bill would also grant the department the power to receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of the above provisions and would prohibit a complaint alleging a violation of those provisions from being filed after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.The Legislature finds and declares all of the following:(a)All persons in the state are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in businesses, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.(b)Discrimination and harassment on any of these bases, by any person, interferes with a persons ability to exercise this right. This interference has grave consequences for a persons freedom of movement, physical and mental health and well-being, and ability to care for themselves and their families.(c)Since the start of the COVID-19 pandemic, the Stop AAPI Hate coalition has received more than 4,100 reports of hate incidents against Asian Americans and Pacific Islanders (AAPIs) in California. More than one-quarter of the incidents occurred in businesses like retail and service establishments. Many incidents involved the racialized, and often gender-based, verbal harassment of AAPI customers by other customers.(d)AAPIs experiencing racism are more stressed by hate than the pandemic and have reported heightened food insecurity due to fears of leaving home to buy food.(e)AAPIs are not alone in experiencing racialized harassment in businesses. For example, Black customers have long reported unfair treatment while shopping, according to more than two decades of Gallup polling. Nearly 40 percent of Black adults and one-quarter of Hispanic adults reported experiencing race-based discrimination in a store where they were shopping, according to a 2020 survey by the Kaiser Family Foundation and ESPNs The Undefeated. A 20192020 study commissioned by Sephora on racial bias in retail found that two in five shoppers personally experienced unfair treatment based on their race or skin color.(f)Bias-motivated harassment at businesses is not limited to race or ethnicity. Three-quarters of women in California reported experiencing sexual harassment in a public space, including a store, restaurant, movie theater, or gym, in a May 2019 study by the Center on Gender Equity and Health at the University of California San Diego School of Medicine. More than one-half of LGBTQ respondents in a 2020 Center for American Progress study said they experienced harassment or discrimination in a public place, including a store. Nearly one-third of transgender respondents in the 2015 U.S. Transgender Survey reported being discriminated against, verbally harassed, or physically attacked in retail stores, restaurants, hotels, or movie theaters.(g)Nor are AAPIs the only community experiencing increased harassment during the COVID-19 pandemic. A survey by Pew Research Center reveals that 4 in 10 Black and Asian adults, and one-quarter of Hispanic adults, report adverse experiences due to their race or ethnicity since the pandemic began, compared to 13 percent of White adults. Asian and Black adults are more likely to say they have been the subject of slurs or jokes or feared being physically attacked or threatened due to their race or ethnicity. According to the American Jewish Committee, one in four American Jews were the targets of antisemitic incidents, including physical attacks, remarks in person, or remarks online, in 2021, and the Anti-Defamation League reported a substantial increase in antisemitic harassment across California in that same year, which was a year that also saw an all-time high in the number of antisemitic incidents across the country.(h)Existing law prohibits businesses from discriminating against customers because of a protected characteristic. Existing law also requires businesses, as employers, to maintain worksites free from prohibited discrimination and harassment, including by nonemployees.(i)Existing law does not explicitly require businesses to protect customers from fellow customers or other third parties engaging in harassment because of a protected characteristic.(j)The Legislature affirms that all customers, regardless of their race or other protected characteristics, should be free to shop for and buy groceries, medicine, and other goods and services without being targeted for their personal characteristics.(k)It is the intent of the Legislature to provide additional protections for the civil rights of customers in businesses where bias-motivated harassment takes place and to protect a persons right to full and equal accommodations, advantages, facilities, privileges, and services in businesses.SEC. 2.Section 51.15 is added to the Civil Code, to read:51.15.(a)For purposes of this section:(1)Harassment includes words, gestures, or actions directed at a specific person that the person finds unwelcome and offensive and that are on account of any characteristics listed or defined in subdivision (b) or (e) of Section 51, because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has, or is perceived to have, one or more of those characteristics.(2)Business means a private enterprise with a physical presence in the state that is open to members of the public and has a total of 100 or more employees working in the state, including, but not limited to, restaurants, grocery stores, retail stores, gas stations, banks, and gymnasiums.(3)Premises means both of the following:(A)An area inside a building that is under the businesss possession, management, or control.(B)Any other area outside of a building that is under the businesss possession, management, or control, including, but not limited to, outdoor eating areas and parking lots.(4)Department refers to the Department of Fair Employment and Housing.(b)It is the intent of the Legislature that all persons within the jurisdiction of this state have the right to be free from harassment at a business because of a characteristic listed or defined in the Unruh Civil Rights Act, because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has, or is perceived to have, one or more of those characteristics.(c)A business shall address the harassment of customers on its premises, including harassment by a third party who is not affiliated with the business, by doing all of the following:(1)Posting the sign made available pursuant to subdivision (e) in a visible and conspicuous place notifying customers of their rights at a business and how to report harassment.(2)Ensuring that employees are trained in accordance with Section 51.16.(3)Having a policy regarding how the business collects and maintains data related to incidents of harassment by a third party who is not affiliated with the business, collecting and maintaining the data in accordance with this policy, notifying employees of this policy, and submitting this data to the department upon the departments request.(d)The department shall create a standardized form for businesses to report the data pursuant to paragraph (3) of subdivision (c). The form shall specify that employees are to make good faith determinations as to whether an incident qualifies as harassment for the purposes of reporting the data.(e)The department shall develop and publish on its internet website a sign that informs customers of their rights at a business and how to report incidents of harassment, including by a third party, to the business or the department.(f)(1)On or before January 1, 2024, and on or before January 1 of each year thereafter, the department shall annually submit to the Legislature and the Governor, and shall publish on its internet website, a report summarizing aggregate data on harassment at businesses in the state, which may be disaggregated by categories, such as type of business or geographic area. The report shall include data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses pursuant to paragraph (3) of subdivision (c). The report shall be reasonably calculated to prevent the association of data with an individual business or person. The report may be combined with other reporting required of the department. (2)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(g)(1)This section shall not be construed to require an employee of a business to intervene in the harassment of customers on the businesss premises by a third party.(2)This section shall not be construed to authorize a business, or any person acting on behalf of the business, to retaliate against an employee for any actions taken, or not taken, pursuant to this section.(3)An employee of a business is not personally liable for any violations of this section.(h)This section shall not be construed to override or supersede a business establishments duties as required by this part, the Labor Code, or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). This section shall not be construed to override or supersede a business establishments applicable duties of care under existing law.SEC. 3.Section 51.16 is added to the Civil Code, to read:51.16.(a)For purposes of this section:(1)Discrimination and harassment means discrimination and other conduct prohibited under Sections 51, 51.5, and 51.7, and harassment as defined in Section 51.15.(2)Business has the same meaning as defined in Section 51.15.(3)Department refers to the Department of Fair Employment and Housing.(b)(1)No later than June 30, 2024, the department shall develop or procure, and make available on its internet website, an online training course for employees of businesses regarding discrimination and harassment at businesses that is at least one hour in length but no longer than two hours.(2)The training shall include, but not be limited to, the following information:(A)Summaries of federal and state statutes relating to discrimination against and harassment of customers at businesses, including, but not limited to, Sections 51, 51.5, 51.7, and 51.15, any duties of a business pursuant to these sections, how to identify and report those acts to the department, and remedies available to victims.(B)How to identify discrimination and harassment, including examples in which the perpetrator is a business or an employee, examples in which the perpetrator is a third party who is not the business or its employees, and examples that address the intersection of race and gender.(C)How to contact the department with questions related to the training.(3)The training shall include an interactive feature that requires a viewer to respond to a question periodically in order for the course to continue to play.(4)The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion, which shall be portable across employers.(c)(1)No later than January 1, 2025, a business shall provide the training made available pursuant to subdivision (b) to all its employees in the state who interact with members of the public.(2)After January 1, 2025, the business shall provide the training required by this section as follows:(A)Subject to subparagraph (B), once every two years to all its employees in the state who interact with members of the public.(B)Six months from the date of an employees hire or promotion, unless the employee has received the training from a previous employer pursuant to this section within the two years preceding their hire.(d)The training required by this section shall take place during regularly scheduled work hours, on paid time, and at a time dedicated solely to the training.(e)The department may seek an order requiring a business to comply with this section.(f)The department may adopt rules, regulations, or standards to implement this section, and, if the department elects to do so, the rules, regulations, or standards shall be initiated no later than January 1, 2024.(g)A businesss failure to comply with this section may be relevant to, but shall not alone create liability for, violating Section 51, 51.5, or 51.7.(h)It is the intent of the Legislature that the training required by this section establishes a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training regarding discrimination and harassment.SEC. 4.SECTION 1. Section 51.17 is added to the Civil Code, to read:51.17. (a) For purposes of this section: section, department refers to the Civil Rights Department.(1)Discrimination and harassment has the same meaning as defined in Section 51.16.(2)Business has the same meaning as defined in Section 51.15.(3)Department refers to the Department of Fair Employment and Housing.(b) (1) On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.(2) To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:(A) Demonstrating compliance with Sections 51, 51.5, 51.15, and 51.16. Section 51.(B) Offering additional training to educate and inform employees or build skills.(C) Informing the public of their rights to be free from discrimination and harassment and how to report violations.(D) Outlining a code of conduct for the public that encourages respectful and civil behavior.(E) Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.(3) The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.(4) On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Sections 51, 51.5, 51.15, and 51.16, Section 51, or reduces the incidence of discrimination and harassment at businesses.(c) This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
The Legislature finds and declares all of the following:
(a)All persons in the state are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in businesses, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.
(b)Discrimination and harassment on any of these bases, by any person, interferes with a persons ability to exercise this right. This interference has grave consequences for a persons freedom of movement, physical and mental health and well-being, and ability to care for themselves and their families.
(c)Since the start of the COVID-19 pandemic, the Stop AAPI Hate coalition has received more than 4,100 reports of hate incidents against Asian Americans and Pacific Islanders (AAPIs) in California. More than one-quarter of the incidents occurred in businesses like retail and service establishments. Many incidents involved the racialized, and often gender-based, verbal harassment of AAPI customers by other customers.
(d)AAPIs experiencing racism are more stressed by hate than the pandemic and have reported heightened food insecurity due to fears of leaving home to buy food.
(e)AAPIs are not alone in experiencing racialized harassment in businesses. For example, Black customers have long reported unfair treatment while shopping, according to more than two decades of Gallup polling. Nearly 40 percent of Black adults and one-quarter of Hispanic adults reported experiencing race-based discrimination in a store where they were shopping, according to a 2020 survey by the Kaiser Family Foundation and ESPNs The Undefeated. A 20192020 study commissioned by Sephora on racial bias in retail found that two in five shoppers personally experienced unfair treatment based on their race or skin color.
(f)Bias-motivated harassment at businesses is not limited to race or ethnicity. Three-quarters of women in California reported experiencing sexual harassment in a public space, including a store, restaurant, movie theater, or gym, in a May 2019 study by the Center on Gender Equity and Health at the University of California San Diego School of Medicine. More than one-half of LGBTQ respondents in a 2020 Center for American Progress study said they experienced harassment or discrimination in a public place, including a store. Nearly one-third of transgender respondents in the 2015 U.S. Transgender Survey reported being discriminated against, verbally harassed, or physically attacked in retail stores, restaurants, hotels, or movie theaters.
(g)Nor are AAPIs the only community experiencing increased harassment during the COVID-19 pandemic. A survey by Pew Research Center reveals that 4 in 10 Black and Asian adults, and one-quarter of Hispanic adults, report adverse experiences due to their race or ethnicity since the pandemic began, compared to 13 percent of White adults. Asian and Black adults are more likely to say they have been the subject of slurs or jokes or feared being physically attacked or threatened due to their race or ethnicity. According to the American Jewish Committee, one in four American Jews were the targets of antisemitic incidents, including physical attacks, remarks in person, or remarks online, in 2021, and the Anti-Defamation League reported a substantial increase in antisemitic harassment across California in that same year, which was a year that also saw an all-time high in the number of antisemitic incidents across the country.
(h)Existing law prohibits businesses from discriminating against customers because of a protected characteristic. Existing law also requires businesses, as employers, to maintain worksites free from prohibited discrimination and harassment, including by nonemployees.
(i)Existing law does not explicitly require businesses to protect customers from fellow customers or other third parties engaging in harassment because of a protected characteristic.
(j)The Legislature affirms that all customers, regardless of their race or other protected characteristics, should be free to shop for and buy groceries, medicine, and other goods and services without being targeted for their personal characteristics.
(k)It is the intent of the Legislature to provide additional protections for the civil rights of customers in businesses where bias-motivated harassment takes place and to protect a persons right to full and equal accommodations, advantages, facilities, privileges, and services in businesses.
(a)For purposes of this section:
(1)Harassment includes words, gestures, or actions directed at a specific person that the person finds unwelcome and offensive and that are on account of any characteristics listed or defined in subdivision (b) or (e) of Section 51, because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has, or is perceived to have, one or more of those characteristics.
(2)Business means a private enterprise with a physical presence in the state that is open to members of the public and has a total of 100 or more employees working in the state, including, but not limited to, restaurants, grocery stores, retail stores, gas stations, banks, and gymnasiums.
(3)Premises means both of the following:
(A)An area inside a building that is under the businesss possession, management, or control.
(B)Any other area outside of a building that is under the businesss possession, management, or control, including, but not limited to, outdoor eating areas and parking lots.
(4)Department refers to the Department of Fair Employment and Housing.
(b)It is the intent of the Legislature that all persons within the jurisdiction of this state have the right to be free from harassment at a business because of a characteristic listed or defined in the Unruh Civil Rights Act, because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has, or is perceived to have, one or more of those characteristics.
(c)A business shall address the harassment of customers on its premises, including harassment by a third party who is not affiliated with the business, by doing all of the following:
(1)Posting the sign made available pursuant to subdivision (e) in a visible and conspicuous place notifying customers of their rights at a business and how to report harassment.
(2)Ensuring that employees are trained in accordance with Section 51.16.
(3)Having a policy regarding how the business collects and maintains data related to incidents of harassment by a third party who is not affiliated with the business, collecting and maintaining the data in accordance with this policy, notifying employees of this policy, and submitting this data to the department upon the departments request.
(d)The department shall create a standardized form for businesses to report the data pursuant to paragraph (3) of subdivision (c). The form shall specify that employees are to make good faith determinations as to whether an incident qualifies as harassment for the purposes of reporting the data.
(e)The department shall develop and publish on its internet website a sign that informs customers of their rights at a business and how to report incidents of harassment, including by a third party, to the business or the department.
(f)(1)On or before January 1, 2024, and on or before January 1 of each year thereafter, the department shall annually submit to the Legislature and the Governor, and shall publish on its internet website, a report summarizing aggregate data on harassment at businesses in the state, which may be disaggregated by categories, such as type of business or geographic area. The report shall include data related to harassment at businesses reported to the department by a member of the public, and data related to harassment at businesses collected by businesses pursuant to paragraph (3) of subdivision (c). The report shall be reasonably calculated to prevent the association of data with an individual business or person. The report may be combined with other reporting required of the department.
(2)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(g)(1)This section shall not be construed to require an employee of a business to intervene in the harassment of customers on the businesss premises by a third party.
(2)This section shall not be construed to authorize a business, or any person acting on behalf of the business, to retaliate against an employee for any actions taken, or not taken, pursuant to this section.
(3)An employee of a business is not personally liable for any violations of this section.
(h)This section shall not be construed to override or supersede a business establishments duties as required by this part, the Labor Code, or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). This section shall not be construed to override or supersede a business establishments applicable duties of care under existing law.
(a)For purposes of this section:
(1)Discrimination and harassment means discrimination and other conduct prohibited under Sections 51, 51.5, and 51.7, and harassment as defined in Section 51.15.
(2)Business has the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b)(1)No later than June 30, 2024, the department shall develop or procure, and make available on its internet website, an online training course for employees of businesses regarding discrimination and harassment at businesses that is at least one hour in length but no longer than two hours.
(2)The training shall include, but not be limited to, the following information:
(A)Summaries of federal and state statutes relating to discrimination against and harassment of customers at businesses, including, but not limited to, Sections 51, 51.5, 51.7, and 51.15, any duties of a business pursuant to these sections, how to identify and report those acts to the department, and remedies available to victims.
(B)How to identify discrimination and harassment, including examples in which the perpetrator is a business or an employee, examples in which the perpetrator is a third party who is not the business or its employees, and examples that address the intersection of race and gender.
(C)How to contact the department with questions related to the training.
(3)The training shall include an interactive feature that requires a viewer to respond to a question periodically in order for the course to continue to play.
(4)The department shall provide a method for employees who have completed the training to save electronically and print a certificate of completion, which shall be portable across employers.
(c)(1)No later than January 1, 2025, a business shall provide the training made available pursuant to subdivision (b) to all its employees in the state who interact with members of the public.
(2)After January 1, 2025, the business shall provide the training required by this section as follows:
(A)Subject to subparagraph (B), once every two years to all its employees in the state who interact with members of the public.
(B)Six months from the date of an employees hire or promotion, unless the employee has received the training from a previous employer pursuant to this section within the two years preceding their hire.
(d)The training required by this section shall take place during regularly scheduled work hours, on paid time, and at a time dedicated solely to the training.
(e)The department may seek an order requiring a business to comply with this section.
(f)The department may adopt rules, regulations, or standards to implement this section, and, if the department elects to do so, the rules, regulations, or standards shall be initiated no later than January 1, 2024.
(g)A businesss failure to comply with this section may be relevant to, but shall not alone create liability for, violating Section 51, 51.5, or 51.7.
(h)It is the intent of the Legislature that the training required by this section establishes a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training regarding discrimination and harassment.
SEC. 4.SECTION 1. Section 51.17 is added to the Civil Code, to read:51.17. (a) For purposes of this section: section, department refers to the Civil Rights Department.(1)Discrimination and harassment has the same meaning as defined in Section 51.16.(2)Business has the same meaning as defined in Section 51.15.(3)Department refers to the Department of Fair Employment and Housing.(b) (1) On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.(2) To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:(A) Demonstrating compliance with Sections 51, 51.5, 51.15, and 51.16. Section 51.(B) Offering additional training to educate and inform employees or build skills.(C) Informing the public of their rights to be free from discrimination and harassment and how to report violations.(D) Outlining a code of conduct for the public that encourages respectful and civil behavior.(E) Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.(3) The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.(4) On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Sections 51, 51.5, 51.15, and 51.16, Section 51, or reduces the incidence of discrimination and harassment at businesses.(c) This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
SEC. 4.SECTION 1. Section 51.17 is added to the Civil Code, to read:
### SEC. 4.SECTION 1.
51.17. (a) For purposes of this section: section, department refers to the Civil Rights Department.(1)Discrimination and harassment has the same meaning as defined in Section 51.16.(2)Business has the same meaning as defined in Section 51.15.(3)Department refers to the Department of Fair Employment and Housing.(b) (1) On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.(2) To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:(A) Demonstrating compliance with Sections 51, 51.5, 51.15, and 51.16. Section 51.(B) Offering additional training to educate and inform employees or build skills.(C) Informing the public of their rights to be free from discrimination and harassment and how to report violations.(D) Outlining a code of conduct for the public that encourages respectful and civil behavior.(E) Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.(3) The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.(4) On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Sections 51, 51.5, 51.15, and 51.16, Section 51, or reduces the incidence of discrimination and harassment at businesses.(c) This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
51.17. (a) For purposes of this section: section, department refers to the Civil Rights Department.(1)Discrimination and harassment has the same meaning as defined in Section 51.16.(2)Business has the same meaning as defined in Section 51.15.(3)Department refers to the Department of Fair Employment and Housing.(b) (1) On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.(2) To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:(A) Demonstrating compliance with Sections 51, 51.5, 51.15, and 51.16. Section 51.(B) Offering additional training to educate and inform employees or build skills.(C) Informing the public of their rights to be free from discrimination and harassment and how to report violations.(D) Outlining a code of conduct for the public that encourages respectful and civil behavior.(E) Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.(3) The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.(4) On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Sections 51, 51.5, 51.15, and 51.16, Section 51, or reduces the incidence of discrimination and harassment at businesses.(c) This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
51.17. (a) For purposes of this section: section, department refers to the Civil Rights Department.(1)Discrimination and harassment has the same meaning as defined in Section 51.16.(2)Business has the same meaning as defined in Section 51.15.(3)Department refers to the Department of Fair Employment and Housing.(b) (1) On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.(2) To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:(A) Demonstrating compliance with Sections 51, 51.5, 51.15, and 51.16. Section 51.(B) Offering additional training to educate and inform employees or build skills.(C) Informing the public of their rights to be free from discrimination and harassment and how to report violations.(D) Outlining a code of conduct for the public that encourages respectful and civil behavior.(E) Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.(3) The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.(4) On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Sections 51, 51.5, 51.15, and 51.16, Section 51, or reduces the incidence of discrimination and harassment at businesses.(c) This section shall remain in effect only until July 1, 2028, and as of that date is repealed.
51.17. (a) For purposes of this section: section, department refers to the Civil Rights Department.
(1)Discrimination and harassment has the same meaning as defined in Section 51.16.
(2)Business has the same meaning as defined in Section 51.15.
(3)Department refers to the Department of Fair Employment and Housing.
(b) (1) On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers.
(2) To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following:
(A) Demonstrating compliance with Sections 51, 51.5, 51.15, and 51.16. Section 51.
(B) Offering additional training to educate and inform employees or build skills.
(C) Informing the public of their rights to be free from discrimination and harassment and how to report violations.
(D) Outlining a code of conduct for the public that encourages respectful and civil behavior.
(E) Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator.
(3) The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate.
(4) On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Sections 51, 51.5, 51.15, and 51.16, Section 51, or reduces the incidence of discrimination and harassment at businesses.
(c) This section shall remain in effect only until July 1, 2028, and as of that date is repealed.