Enforcement of civil rights: Department of Fair Employment and Housing.
The amendments brought by SB 807 increase the record retention period for employment-related documents from two to four years, ensuring greater transparency and accountability from employers and labor organizations. These changes are aimed at preventing discrimination and ensuring that sufficient evidence exists for potential claims. The bill also allows individuals to intervene in civil actions initiated by the DFEH, thus empowering them to play a greater role in the process. The law's intention is to streamline enforcement procedures and encourage individuals to come forward with their complaints, knowing that the DFEH can support them in their claims.
Senate Bill No. 807, known as the Enforcement of Civil Rights Act, amends several sections of the Government Code related to civil rights, primarily focusing on the enforcement capabilities of the Department of Fair Employment and Housing (DFEH). The bill enhances the DFEH's powers by allowing it to bring civil actions on behalf of aggrieved individuals and extends the deadlines for individuals to file their own civil actions while a DFEH investigation is pending. It aims to provide a more robust mechanism for enforcing civil rights, particularly in housing and employment contexts, thereby safeguarding the rights of individuals against discrimination based on various characteristics.
The general sentiment surrounding SB 807 appears to be positive among civil rights advocates, as the bill strengthens protective measures for individuals facing discrimination. Supporters argue that the extended timelines and enhanced enforcement powers of the DFEH will lead to better outcomes for victims of discrimination. However, some concerns have been raised regarding the implications of the changes for employers, particularly about increased litigation risks and operational burdens due to the heightened record-keeping requirements.
Notable points of contention revolve around the balance of power between governmental enforcement and individual rights in discrimination cases. While proponents laud the bill for providing necessary tools to combat discrimination effectively, opponents from the business sector express worries about potential overreach by the DFEH. The requirement for extended record retention is seen by some as an undue burden that may disproportionately affect smaller employers. Additionally, the retroactive application of tolling for civil actions may lead to challenges in defending against old claims, raising questions about legal fairness and balance.