Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 477Introduced by Senator BlakespearFebruary 19, 2025An act to amend Section 50515.2 of the Health and Safety Code, relating to housing. An act to amend Sections 12926, 12960, 12965, and 12981 of the Government Code, relating to civil rights.LEGISLATIVE COUNSEL'S DIGESTSB 477, as amended, Blakespear. The Joe Serna, Jr. Farmworker Housing Grant Program loan: term extension. California Fair Employment and Housing Act: enforcement procedures.Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce 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 upon specified characteristics or status. The FEHA makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the department. The FEHA requires the department to make an investigation in connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA, and requires the department to endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. Existing law authorizes a complaint to be filed by an aggrieved person or the department on behalf and as representative of a group or class if the alleged unlawful practice adversely affects, in a similar manner, a group or class of persons of which the aggrieved person is a member.This bill would define the term group or class complaint for purposes of the FEHA.Existing law tolls the time for a complainant to file a civil action alleging a violation of specified civil rights provisions commencing with the filing of a complaint with the department until the department files a civil action for the alleged violation or until one year after the department issues written notice that it has closed its investigation without filing a civil action.This bill would additionally toll the time for a complainant to file a civil action if the complainant timely appeals to the department the closure of their complaint until one year after the department issues written notice that it remains closed following the appeal.Existing law authorizes the director to bring a civil action in the name of the department, acting in the public interest, on behalf of an aggrieved person if conference, conciliation, mediation, or persuasion fails to eliminate an unlawful practice. Existing law imposes a deadline of one or 2 years for the department to bring a civil action, as specified. Existing law requires those deadlines to be tolled during a dispute resolution proceeding.This bill would additionally require those deadlines to be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint.Under existing law, if the department does not file a civil action, the department is required to promptly issue the person claiming to be aggrieved a right-to-sue notice upon request, as specified, or upon completion of its investigation and not later than one year after the filing of the complaint. For a complaint treated as a group or class complaint, existing law requires the department to issue a right-to-sue notice upon completion of its investigation and not later than 2 years after the filing of the complaint. Existing law requires these deadlines to be tolled during a dispute resolution proceeding.Under this bill, if the department determines that an aggrieved persons complaint relates to a complaint filed in the name of the director or a group or class complaint, as specified, the department would be required to issue a right-to-sue notice after the directors or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. The bill would require this deadline and the above-described deadlines relating to issuing a right-to-sue notice to additionally be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint.Existing law authorizes the department, in the case of failure to eliminate specified violations relating to housing discrimination that have occurred, or that are about to occur, as specified, to bring a civil action in the name of the department. Existing law authorizes the action to be filed in any county where the unlawful practice is alleged to have been committed, the records relevant to that practice are maintained and administered, the aggrieved party would have resided, or the defendants residence or principal office is located, as specified.This bill would remove the above-described provisions specifying the counties where the civil action may be filed.Existing law requires the Department of Housing and Community Development to establish the Joe Serna, Jr. Farmworker Housing Grant Program under which the department is required to make loans available to specified entities for, among other things, the construction or rehabilitation of rental housing for lower-income agricultural employees and their families, as specified.Existing law authorizes the department, notwithstanding any other law, to extend the term of an existing multifamily housing loan made by the department under other specified programs upon the request of any borrower, subject to specified conditions, including that the borrower provides to the department a complete report showing all existing tenants, their incomes, as specified, and the rents currently charged to each tenant.This bill would make a nonsubstantive change to the above-described loan extension provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12926 of the Government Code is amended to read:12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:(a) Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.(b) Age refers to the chronological age of any individual who has reached a 40th birthday.(c) Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.(d) Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:Employer does not include a religious association or corporation not organized for private profit.(e) Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.(f) Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.(1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:(A) The function may be essential because the reason the position exists is to perform that function.(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.(C) The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.(2) Evidence of whether a particular function is essential includes, but is not limited to, the following:(A) The employers judgment as to which functions are essential.(B) Written job descriptions prepared before advertising or interviewing applicants for the job.(C) The amount of time spent on the job performing the function.(D) The consequences of not requiring the incumbent to perform the function.(E) The terms of a collective bargaining agreement.(F) The work experiences of past incumbents in the job.(G) The current work experience of incumbents in similar jobs.(g) (1) Genetic information means, with respect to any individual, information about any of the following:(A) The individuals genetic tests.(B) The genetic tests of family members of the individual.(C) The manifestation of a disease or disorder in family members of the individual.(2) Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.(3) Genetic information does not include information about the sex or age of any individual.(h) Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.(i) Medical condition means either of the following:(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.(2) Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.(j) Mental disability includes, but is not limited to, all of the following:(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:(A) Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.(C) Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(k) Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.(l) On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.(m) Physical disability includes, but is not limited to, all of the following:(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.(B) Limits a major life activity. For purposes of this section:(i) Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.(iii) Major life activities shall be broadly construed and includes physical, mental, and social activities and working.(2) Any other health impairment not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).(6) Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(n) Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).(o) Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:(1) Any combination of those characteristics.(2) A perception that the person has any of those characteristics or any combination of those characteristics.(3) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.(p) Reasonable accommodation may include either of the following:(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.(q) Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.(r) (1) Sex includes, but is not limited to, the following:(A) Pregnancy or medical conditions related to pregnancy.(B) Childbirth or medical conditions related to childbirth.(C) Breastfeeding or medical conditions related to breastfeeding.(2) Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(s) Sexual orientation means heterosexuality, homosexuality, and bisexuality.(t) Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.(u) Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:(1) The nature and cost of the accommodation needed.(2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.(4) The type of operations, including the composition, structure, and functions of the workforce of the entity.(5) The geographic separateness or administrative or fiscal relationship of the facility or facilities.(v) National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.(w) Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.(x) Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.(y) Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.(z) Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declaratory of, and clarifies, existing law.SEC. 2. Section 12960 of the Government Code is amended to read:12960. (a) This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6.(b) For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.(c) Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof and contain other information as may be required by the department. The director or the directors authorized representative may in like manner, on that persons own motion, make, sign, and file a complaint.(d) Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action.(e) (1) A complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.(2) A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(3) A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.(4) A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.(6) Notwithstanding paragraphs (1) through (5), inclusive, the filing periods set forth by this section may be extended as follows:(A) For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.(B) For a period of time not to exceed one year following a rebutted presumption of the identity of the persons employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer.(C) For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.(D) For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.(E) For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section.(f) (1) Notwithstanding any tolling or limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the department for an alleged violation of that statute until either of the following:(A) The department files a civil action for the alleged violation under this part.(B) One year after the department issues either of the following to a complainant:(B)One year after the department issues written(i) Written notice to a complainant that it has closed its investigation without electing to file a civil action for the alleged violation.(ii) If the complainant timely appeals to the department the closure of their complaint, written notice that the complaint has remained closed following the appeal to the department.(2) The tolling provided under this subdivision shall apply retroactively.(3) This subdivision is not intended to revive claims that have already lapsed.SEC. 3. Section 12965 of the Government Code is amended to read:12965. (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the directors discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved.(2) Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the departments internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) In a civil action, the person claiming to be aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that persons own counsel.(4) A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendants residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state.(5) (A) A complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint.(B) For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint.(C) For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint.(D) The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled as follows:(D)The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(b) For purposes of this section, filing a complaint means filing a verified complaint.(c) (1) (A) Except as specified in subparagraph (B), subparagraphs (B) and (C), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint.(B) For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint.(C) If the department determines, in its discretion, that the complaint relates in whole or in part to a complaint filed in the name of the director or a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, the department shall issue a right-to-sue notice upon request by the person claiming to be aggrieved or, if the person claiming to be aggrieved does not request a right-to-sue notice, after the directors complaint or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. (C)(D) The notices specified in subparagraphs (A) (A), (B), and (B) (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.(D)(E) This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6.(F) The deadlines specified in subparagraphs (A), (B), and (C) shall be tolled as follows:(E)The deadlines specified in subparagraphs (A) and (B) shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(2) A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice.(3) The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendants residence or principal office.(4) A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so.(5) A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants.(6) In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorneys fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.(d) A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employers internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part.(e) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission.(C) A right-to-sue notice is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.(3) This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093.(f) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department.(C) After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.SEC. 4. Section 12981 of the Government Code is amended to read:12981. (a) (1) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7 that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department, acting in the public interest, on behalf of the aggrieved person as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person than Section 12965, the provisions of this article shall prevail.(2) Prior to filing a civil action pursuant to paragraph (1), the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) A civil action brought pursuant to paragraph (1) shall be filed within 100 days after the filing of a complaint unless it is impracticable to do so. This deadline to file a civil action pursuant to paragraph (1) shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(4) The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.SECTION 1.Section 50515.2 of the Health and Safety Code is amended to read:50515.2.(a)Notwithstanding any other law, the department may extend the term of any existing multifamily housing loan made by the department under the original Rental Housing Construction Program established by Chapter 9 (commencing with Section 50735), the Special User Housing Rehabilitation Program established by Section 50670, or the Deferred Payment Rehabilitation Loan Program established by Chapter 6.5 (commencing with Section 50660) upon the request of any borrower subject to the following conditions:(1)The borrower shall provide to the department a complete report showing all existing tenants, their incomes, as reported in the most recent annual income certification, and the rents currently charged to each tenant.(2)The borrower shall agree to an extension of the term of the loan by an additional 55 years from the date of departmental approval. If the department determines that the remaining useful life of a project is less than 55 years, the loan may be extended for the remaining useful life of the project, but not less than 30 years. The department may convert the existing outstanding principal and any accrued interest into the new loan amount. The interest rate on the extended term shall be 3 percent simple interest. All future payments of principal and interest may be deferred except for a percentage of interest equal to the percentage charged in the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)) for the departments ongoing monitoring and management responsibilities.(3)The borrower shall agree to amend or replace the existing regulatory agreement to include terms generally equivalent to those used in the Multifamily Housing Program. In addition, the borrower shall agree to replace, amend, or revise any other loan document as necessary to accomplish the purposes of this section.(4)(A)The borrower shall agree to a rent schedule that ensures that all assisted units are affordable to households earning no more than 60 percent of the area median income and that at least 35 percent of all assisted units shall be reserved for, affordable to, and occupied by, households earning less than or equal to the midlevel target used by the Multifamily Housing Program, unless the department finds both of the following:(i)That the project income is insufficient to maintain fiscal integrity, as that term is used in the Multifamily Housing Program, and is insufficient to maintain the rents required under this subparagraph pursuant to the terms of the Uniform Multifamily Regulations, or any successor regulations, except that commercial vacancy loss shall be projected based on the operating history of the project, commercial vacancy rates in the neighborhood, and similar factors typically used by commercial lenders.(ii)That the borrower has exhausted all available potential sources of rental subsidies, including, but not limited to, federal, state, and local funds.(B)If the department finds that a reduction in the percentage of assisted units to less than 35 percent of assisted units is justified, it shall ensure that the largest possible percentage is reserved for the targeted households.(C)For the purposes of this paragraph, midlevel target used by the Multifamily Housing Program shall mean the following:(i)For counties with an area median income of 110 percent or less of the state median income, it shall mean households earning 30 percent of state median income, expressed as a percentage of area median income.(ii)For counties with an area median income that exceeds 110 percent of the state median income, it shall mean households earning less than 35 percent of state median income, expressed as a percentage of area median income.(5)No tenant residing in a project at the time of an extension authorized by this section may be displaced as a result of the regulatory revisions authorized by this section, and, for the initial operating year after approval of the extension, that tenant may not have his or her rent increased above the amounts specified in his or her preexisting regulatory agreements, except that no tenant may pay less than 30 percent of his or her income, calculated pursuant to the Multifamily Housing Program criteria. If a rent increase authorized under this section would exceed a 10 percent increase in payment for a lower income tenant, the project owner shall phase in the increase so that it does not exceed 10 percent per year. After the initial operating year after the extension authorized under this section, the rents for all regulated units that are subject to the new agreement may be adjusted in the percentage calculated pursuant to the Multifamily Housing Program criteria, plus the amount necessary to bring an individual tenant up to the 30-percent-of-income standard, provided that the total annual increase does not exceed 10 percent. Rent adjustments for all tenants occupying assisted units at the time of the extension shall be based on the tenants initial rent established under this paragraph. Upon vacancy of an assisted unit occupied at the time of the extension, the new base rent for that unit shall be established consistent with the standards used in the Multifamily Housing Program for the regulated income band, subject to the reservation of units required under paragraph (4).(b)The department may approve an extension of a loan made by the department if it determines that the project has, or will have after rehabilitation or repairs, a potential remaining useful life of at least 30 years and that the project is deemed financially feasible pursuant to the terms of its Uniform Multifamily Regulations or successor regulations.(c)The department may subordinate its loan or loans to refinance existing senior debt and to additional permanent financing if that additional senior debt is used only for rehabilitation, repairs, or improvements, or both, including related soft costs, that are modest in size, scope, and cost, as determined by the department and necessary to maintain and extend the useful life of the project.(d)(1)For the purposes of this subdivision, the agency projects are the 26 projects assisted through the original Rental Housing Construction Program with funds administered by the California Housing Finance Agency.(2)Upon the request of a borrower the agency may extend the term of an existing loan for an agency project by a period that is equal to the remaining useful life of the project, as determined by the agency, but not more than 55 years and not less than 30 years from the date of agency approval, under terms that are substantially consistent with the purposes of this section, if all of the following conditions are met:(A)The borrower shall provide to the agency the report described in paragraph (1) of subdivision (a).(B)The extension shall be subject to the conditions set forth in paragraph (2) of subdivision (a).(C)The rent levels and tenant protections described in paragraphs (4) and (5) of subdivision (a) shall be satisfied, except that the agency, not the department, shall make the determination required under clause (i) of subparagraph (A) of paragraph (4) of subdivision (a) that the project income is insufficient to meet the agencys affordable multifamily lending program requirements.(3)Any determination or approval under this section regarding the agency projects shall be by the agency rather than the department.(4)The borrower and the agency shall amend, replace, or revise any other loan documents or agreements governing the loans for the agency projects as necessary to accomplish the purposes of this section.(5)All funds received by the agency for the agency projects, whether by loan repayment, foreclosure, accrued interest, or otherwise, shall be used to provide assistance to existing or future projects financed by or through the agency pursuant to terms consistent with the agencys affordable multifamily lending programs.(e)It is the intent of the Legislature in enacting this section that the department should manage its reserves for the original Rental Housing Construction Program in a manner that will allow for the continuation of current benefits to current low-income tenants for the longest period of time possible. Accordingly, rent subsidies shall be continued only for units occupied by lower income tenants who were in residence at the time of the extension authorized under this section.(f)It is the intent of the Legislature in enacting this section to provide to the department the flexibility necessary to preserve the affordable rental units for which the state has already made a significant public investment. Accordingly, the department may implement this section through guidelines that shall not be subject to Chapter 2.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code.(g)This section shall become operative on July 1, 2008.(h)This section shall not apply to loan extensions and senior debt subordinations executed by the department and recorded after the effective date of the guidelines adopted by the department pursuant to subdivision (h) of Section 50560.
Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 477Introduced by Senator BlakespearFebruary 19, 2025An act to amend Section 50515.2 of the Health and Safety Code, relating to housing. An act to amend Sections 12926, 12960, 12965, and 12981 of the Government Code, relating to civil rights.LEGISLATIVE COUNSEL'S DIGESTSB 477, as amended, Blakespear. The Joe Serna, Jr. Farmworker Housing Grant Program loan: term extension. California Fair Employment and Housing Act: enforcement procedures.Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce 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 upon specified characteristics or status. The FEHA makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the department. The FEHA requires the department to make an investigation in connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA, and requires the department to endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. Existing law authorizes a complaint to be filed by an aggrieved person or the department on behalf and as representative of a group or class if the alleged unlawful practice adversely affects, in a similar manner, a group or class of persons of which the aggrieved person is a member.This bill would define the term group or class complaint for purposes of the FEHA.Existing law tolls the time for a complainant to file a civil action alleging a violation of specified civil rights provisions commencing with the filing of a complaint with the department until the department files a civil action for the alleged violation or until one year after the department issues written notice that it has closed its investigation without filing a civil action.This bill would additionally toll the time for a complainant to file a civil action if the complainant timely appeals to the department the closure of their complaint until one year after the department issues written notice that it remains closed following the appeal.Existing law authorizes the director to bring a civil action in the name of the department, acting in the public interest, on behalf of an aggrieved person if conference, conciliation, mediation, or persuasion fails to eliminate an unlawful practice. Existing law imposes a deadline of one or 2 years for the department to bring a civil action, as specified. Existing law requires those deadlines to be tolled during a dispute resolution proceeding.This bill would additionally require those deadlines to be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint.Under existing law, if the department does not file a civil action, the department is required to promptly issue the person claiming to be aggrieved a right-to-sue notice upon request, as specified, or upon completion of its investigation and not later than one year after the filing of the complaint. For a complaint treated as a group or class complaint, existing law requires the department to issue a right-to-sue notice upon completion of its investigation and not later than 2 years after the filing of the complaint. Existing law requires these deadlines to be tolled during a dispute resolution proceeding.Under this bill, if the department determines that an aggrieved persons complaint relates to a complaint filed in the name of the director or a group or class complaint, as specified, the department would be required to issue a right-to-sue notice after the directors or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. The bill would require this deadline and the above-described deadlines relating to issuing a right-to-sue notice to additionally be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint.Existing law authorizes the department, in the case of failure to eliminate specified violations relating to housing discrimination that have occurred, or that are about to occur, as specified, to bring a civil action in the name of the department. Existing law authorizes the action to be filed in any county where the unlawful practice is alleged to have been committed, the records relevant to that practice are maintained and administered, the aggrieved party would have resided, or the defendants residence or principal office is located, as specified.This bill would remove the above-described provisions specifying the counties where the civil action may be filed.Existing law requires the Department of Housing and Community Development to establish the Joe Serna, Jr. Farmworker Housing Grant Program under which the department is required to make loans available to specified entities for, among other things, the construction or rehabilitation of rental housing for lower-income agricultural employees and their families, as specified.Existing law authorizes the department, notwithstanding any other law, to extend the term of an existing multifamily housing loan made by the department under other specified programs upon the request of any borrower, subject to specified conditions, including that the borrower provides to the department a complete report showing all existing tenants, their incomes, as specified, and the rents currently charged to each tenant.This bill would make a nonsubstantive change to the above-described loan extension provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate March 26, 2025
Amended IN Senate March 26, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 477
Introduced by Senator BlakespearFebruary 19, 2025
Introduced by Senator Blakespear
February 19, 2025
An act to amend Section 50515.2 of the Health and Safety Code, relating to housing. An act to amend Sections 12926, 12960, 12965, and 12981 of the Government Code, relating to civil rights.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 477, as amended, Blakespear. The Joe Serna, Jr. Farmworker Housing Grant Program loan: term extension. California Fair Employment and Housing Act: enforcement procedures.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce 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 upon specified characteristics or status. The FEHA makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the department. The FEHA requires the department to make an investigation in connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA, and requires the department to endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. Existing law authorizes a complaint to be filed by an aggrieved person or the department on behalf and as representative of a group or class if the alleged unlawful practice adversely affects, in a similar manner, a group or class of persons of which the aggrieved person is a member.This bill would define the term group or class complaint for purposes of the FEHA.Existing law tolls the time for a complainant to file a civil action alleging a violation of specified civil rights provisions commencing with the filing of a complaint with the department until the department files a civil action for the alleged violation or until one year after the department issues written notice that it has closed its investigation without filing a civil action.This bill would additionally toll the time for a complainant to file a civil action if the complainant timely appeals to the department the closure of their complaint until one year after the department issues written notice that it remains closed following the appeal.Existing law authorizes the director to bring a civil action in the name of the department, acting in the public interest, on behalf of an aggrieved person if conference, conciliation, mediation, or persuasion fails to eliminate an unlawful practice. Existing law imposes a deadline of one or 2 years for the department to bring a civil action, as specified. Existing law requires those deadlines to be tolled during a dispute resolution proceeding.This bill would additionally require those deadlines to be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint.Under existing law, if the department does not file a civil action, the department is required to promptly issue the person claiming to be aggrieved a right-to-sue notice upon request, as specified, or upon completion of its investigation and not later than one year after the filing of the complaint. For a complaint treated as a group or class complaint, existing law requires the department to issue a right-to-sue notice upon completion of its investigation and not later than 2 years after the filing of the complaint. Existing law requires these deadlines to be tolled during a dispute resolution proceeding.Under this bill, if the department determines that an aggrieved persons complaint relates to a complaint filed in the name of the director or a group or class complaint, as specified, the department would be required to issue a right-to-sue notice after the directors or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. The bill would require this deadline and the above-described deadlines relating to issuing a right-to-sue notice to additionally be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint.Existing law authorizes the department, in the case of failure to eliminate specified violations relating to housing discrimination that have occurred, or that are about to occur, as specified, to bring a civil action in the name of the department. Existing law authorizes the action to be filed in any county where the unlawful practice is alleged to have been committed, the records relevant to that practice are maintained and administered, the aggrieved party would have resided, or the defendants residence or principal office is located, as specified.This bill would remove the above-described provisions specifying the counties where the civil action may be filed.Existing law requires the Department of Housing and Community Development to establish the Joe Serna, Jr. Farmworker Housing Grant Program under which the department is required to make loans available to specified entities for, among other things, the construction or rehabilitation of rental housing for lower-income agricultural employees and their families, as specified.Existing law authorizes the department, notwithstanding any other law, to extend the term of an existing multifamily housing loan made by the department under other specified programs upon the request of any borrower, subject to specified conditions, including that the borrower provides to the department a complete report showing all existing tenants, their incomes, as specified, and the rents currently charged to each tenant.This bill would make a nonsubstantive change to the above-described loan extension provision.
Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce 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 upon specified characteristics or status. The FEHA makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the department. The FEHA requires the department to make an investigation in connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA, and requires the department to endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. Existing law authorizes a complaint to be filed by an aggrieved person or the department on behalf and as representative of a group or class if the alleged unlawful practice adversely affects, in a similar manner, a group or class of persons of which the aggrieved person is a member.
This bill would define the term group or class complaint for purposes of the FEHA.
Existing law tolls the time for a complainant to file a civil action alleging a violation of specified civil rights provisions commencing with the filing of a complaint with the department until the department files a civil action for the alleged violation or until one year after the department issues written notice that it has closed its investigation without filing a civil action.
This bill would additionally toll the time for a complainant to file a civil action if the complainant timely appeals to the department the closure of their complaint until one year after the department issues written notice that it remains closed following the appeal.
Existing law authorizes the director to bring a civil action in the name of the department, acting in the public interest, on behalf of an aggrieved person if conference, conciliation, mediation, or persuasion fails to eliminate an unlawful practice. Existing law imposes a deadline of one or 2 years for the department to bring a civil action, as specified. Existing law requires those deadlines to be tolled during a dispute resolution proceeding.
This bill would additionally require those deadlines to be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint.
Under existing law, if the department does not file a civil action, the department is required to promptly issue the person claiming to be aggrieved a right-to-sue notice upon request, as specified, or upon completion of its investigation and not later than one year after the filing of the complaint. For a complaint treated as a group or class complaint, existing law requires the department to issue a right-to-sue notice upon completion of its investigation and not later than 2 years after the filing of the complaint. Existing law requires these deadlines to be tolled during a dispute resolution proceeding.
Under this bill, if the department determines that an aggrieved persons complaint relates to a complaint filed in the name of the director or a group or class complaint, as specified, the department would be required to issue a right-to-sue notice after the directors or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. The bill would require this deadline and the above-described deadlines relating to issuing a right-to-sue notice to additionally be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint.
Existing law authorizes the department, in the case of failure to eliminate specified violations relating to housing discrimination that have occurred, or that are about to occur, as specified, to bring a civil action in the name of the department. Existing law authorizes the action to be filed in any county where the unlawful practice is alleged to have been committed, the records relevant to that practice are maintained and administered, the aggrieved party would have resided, or the defendants residence or principal office is located, as specified.
This bill would remove the above-described provisions specifying the counties where the civil action may be filed.
Existing law requires the Department of Housing and Community Development to establish the Joe Serna, Jr. Farmworker Housing Grant Program under which the department is required to make loans available to specified entities for, among other things, the construction or rehabilitation of rental housing for lower-income agricultural employees and their families, as specified.
Existing law authorizes the department, notwithstanding any other law, to extend the term of an existing multifamily housing loan made by the department under other specified programs upon the request of any borrower, subject to specified conditions, including that the borrower provides to the department a complete report showing all existing tenants, their incomes, as specified, and the rents currently charged to each tenant.
This bill would make a nonsubstantive change to the above-described loan extension provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12926 of the Government Code is amended to read:12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:(a) Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.(b) Age refers to the chronological age of any individual who has reached a 40th birthday.(c) Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.(d) Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:Employer does not include a religious association or corporation not organized for private profit.(e) Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.(f) Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.(1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:(A) The function may be essential because the reason the position exists is to perform that function.(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.(C) The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.(2) Evidence of whether a particular function is essential includes, but is not limited to, the following:(A) The employers judgment as to which functions are essential.(B) Written job descriptions prepared before advertising or interviewing applicants for the job.(C) The amount of time spent on the job performing the function.(D) The consequences of not requiring the incumbent to perform the function.(E) The terms of a collective bargaining agreement.(F) The work experiences of past incumbents in the job.(G) The current work experience of incumbents in similar jobs.(g) (1) Genetic information means, with respect to any individual, information about any of the following:(A) The individuals genetic tests.(B) The genetic tests of family members of the individual.(C) The manifestation of a disease or disorder in family members of the individual.(2) Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.(3) Genetic information does not include information about the sex or age of any individual.(h) Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.(i) Medical condition means either of the following:(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.(2) Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.(j) Mental disability includes, but is not limited to, all of the following:(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:(A) Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.(C) Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(k) Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.(l) On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.(m) Physical disability includes, but is not limited to, all of the following:(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.(B) Limits a major life activity. For purposes of this section:(i) Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.(iii) Major life activities shall be broadly construed and includes physical, mental, and social activities and working.(2) Any other health impairment not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).(6) Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(n) Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).(o) Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:(1) Any combination of those characteristics.(2) A perception that the person has any of those characteristics or any combination of those characteristics.(3) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.(p) Reasonable accommodation may include either of the following:(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.(q) Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.(r) (1) Sex includes, but is not limited to, the following:(A) Pregnancy or medical conditions related to pregnancy.(B) Childbirth or medical conditions related to childbirth.(C) Breastfeeding or medical conditions related to breastfeeding.(2) Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(s) Sexual orientation means heterosexuality, homosexuality, and bisexuality.(t) Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.(u) Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:(1) The nature and cost of the accommodation needed.(2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.(4) The type of operations, including the composition, structure, and functions of the workforce of the entity.(5) The geographic separateness or administrative or fiscal relationship of the facility or facilities.(v) National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.(w) Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.(x) Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.(y) Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.(z) Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declaratory of, and clarifies, existing law.SEC. 2. Section 12960 of the Government Code is amended to read:12960. (a) This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6.(b) For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.(c) Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof and contain other information as may be required by the department. The director or the directors authorized representative may in like manner, on that persons own motion, make, sign, and file a complaint.(d) Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action.(e) (1) A complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.(2) A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(3) A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.(4) A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.(6) Notwithstanding paragraphs (1) through (5), inclusive, the filing periods set forth by this section may be extended as follows:(A) For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.(B) For a period of time not to exceed one year following a rebutted presumption of the identity of the persons employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer.(C) For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.(D) For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.(E) For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section.(f) (1) Notwithstanding any tolling or limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the department for an alleged violation of that statute until either of the following:(A) The department files a civil action for the alleged violation under this part.(B) One year after the department issues either of the following to a complainant:(B)One year after the department issues written(i) Written notice to a complainant that it has closed its investigation without electing to file a civil action for the alleged violation.(ii) If the complainant timely appeals to the department the closure of their complaint, written notice that the complaint has remained closed following the appeal to the department.(2) The tolling provided under this subdivision shall apply retroactively.(3) This subdivision is not intended to revive claims that have already lapsed.SEC. 3. Section 12965 of the Government Code is amended to read:12965. (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the directors discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved.(2) Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the departments internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) In a civil action, the person claiming to be aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that persons own counsel.(4) A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendants residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state.(5) (A) A complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint.(B) For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint.(C) For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint.(D) The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled as follows:(D)The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(b) For purposes of this section, filing a complaint means filing a verified complaint.(c) (1) (A) Except as specified in subparagraph (B), subparagraphs (B) and (C), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint.(B) For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint.(C) If the department determines, in its discretion, that the complaint relates in whole or in part to a complaint filed in the name of the director or a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, the department shall issue a right-to-sue notice upon request by the person claiming to be aggrieved or, if the person claiming to be aggrieved does not request a right-to-sue notice, after the directors complaint or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. (C)(D) The notices specified in subparagraphs (A) (A), (B), and (B) (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.(D)(E) This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6.(F) The deadlines specified in subparagraphs (A), (B), and (C) shall be tolled as follows:(E)The deadlines specified in subparagraphs (A) and (B) shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(2) A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice.(3) The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendants residence or principal office.(4) A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so.(5) A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants.(6) In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorneys fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.(d) A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employers internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part.(e) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission.(C) A right-to-sue notice is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.(3) This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093.(f) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department.(C) After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.SEC. 4. Section 12981 of the Government Code is amended to read:12981. (a) (1) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7 that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department, acting in the public interest, on behalf of the aggrieved person as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person than Section 12965, the provisions of this article shall prevail.(2) Prior to filing a civil action pursuant to paragraph (1), the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) A civil action brought pursuant to paragraph (1) shall be filed within 100 days after the filing of a complaint unless it is impracticable to do so. This deadline to file a civil action pursuant to paragraph (1) shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(4) The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.SECTION 1.Section 50515.2 of the Health and Safety Code is amended to read:50515.2.(a)Notwithstanding any other law, the department may extend the term of any existing multifamily housing loan made by the department under the original Rental Housing Construction Program established by Chapter 9 (commencing with Section 50735), the Special User Housing Rehabilitation Program established by Section 50670, or the Deferred Payment Rehabilitation Loan Program established by Chapter 6.5 (commencing with Section 50660) upon the request of any borrower subject to the following conditions:(1)The borrower shall provide to the department a complete report showing all existing tenants, their incomes, as reported in the most recent annual income certification, and the rents currently charged to each tenant.(2)The borrower shall agree to an extension of the term of the loan by an additional 55 years from the date of departmental approval. If the department determines that the remaining useful life of a project is less than 55 years, the loan may be extended for the remaining useful life of the project, but not less than 30 years. The department may convert the existing outstanding principal and any accrued interest into the new loan amount. The interest rate on the extended term shall be 3 percent simple interest. All future payments of principal and interest may be deferred except for a percentage of interest equal to the percentage charged in the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)) for the departments ongoing monitoring and management responsibilities.(3)The borrower shall agree to amend or replace the existing regulatory agreement to include terms generally equivalent to those used in the Multifamily Housing Program. In addition, the borrower shall agree to replace, amend, or revise any other loan document as necessary to accomplish the purposes of this section.(4)(A)The borrower shall agree to a rent schedule that ensures that all assisted units are affordable to households earning no more than 60 percent of the area median income and that at least 35 percent of all assisted units shall be reserved for, affordable to, and occupied by, households earning less than or equal to the midlevel target used by the Multifamily Housing Program, unless the department finds both of the following:(i)That the project income is insufficient to maintain fiscal integrity, as that term is used in the Multifamily Housing Program, and is insufficient to maintain the rents required under this subparagraph pursuant to the terms of the Uniform Multifamily Regulations, or any successor regulations, except that commercial vacancy loss shall be projected based on the operating history of the project, commercial vacancy rates in the neighborhood, and similar factors typically used by commercial lenders.(ii)That the borrower has exhausted all available potential sources of rental subsidies, including, but not limited to, federal, state, and local funds.(B)If the department finds that a reduction in the percentage of assisted units to less than 35 percent of assisted units is justified, it shall ensure that the largest possible percentage is reserved for the targeted households.(C)For the purposes of this paragraph, midlevel target used by the Multifamily Housing Program shall mean the following:(i)For counties with an area median income of 110 percent or less of the state median income, it shall mean households earning 30 percent of state median income, expressed as a percentage of area median income.(ii)For counties with an area median income that exceeds 110 percent of the state median income, it shall mean households earning less than 35 percent of state median income, expressed as a percentage of area median income.(5)No tenant residing in a project at the time of an extension authorized by this section may be displaced as a result of the regulatory revisions authorized by this section, and, for the initial operating year after approval of the extension, that tenant may not have his or her rent increased above the amounts specified in his or her preexisting regulatory agreements, except that no tenant may pay less than 30 percent of his or her income, calculated pursuant to the Multifamily Housing Program criteria. If a rent increase authorized under this section would exceed a 10 percent increase in payment for a lower income tenant, the project owner shall phase in the increase so that it does not exceed 10 percent per year. After the initial operating year after the extension authorized under this section, the rents for all regulated units that are subject to the new agreement may be adjusted in the percentage calculated pursuant to the Multifamily Housing Program criteria, plus the amount necessary to bring an individual tenant up to the 30-percent-of-income standard, provided that the total annual increase does not exceed 10 percent. Rent adjustments for all tenants occupying assisted units at the time of the extension shall be based on the tenants initial rent established under this paragraph. Upon vacancy of an assisted unit occupied at the time of the extension, the new base rent for that unit shall be established consistent with the standards used in the Multifamily Housing Program for the regulated income band, subject to the reservation of units required under paragraph (4).(b)The department may approve an extension of a loan made by the department if it determines that the project has, or will have after rehabilitation or repairs, a potential remaining useful life of at least 30 years and that the project is deemed financially feasible pursuant to the terms of its Uniform Multifamily Regulations or successor regulations.(c)The department may subordinate its loan or loans to refinance existing senior debt and to additional permanent financing if that additional senior debt is used only for rehabilitation, repairs, or improvements, or both, including related soft costs, that are modest in size, scope, and cost, as determined by the department and necessary to maintain and extend the useful life of the project.(d)(1)For the purposes of this subdivision, the agency projects are the 26 projects assisted through the original Rental Housing Construction Program with funds administered by the California Housing Finance Agency.(2)Upon the request of a borrower the agency may extend the term of an existing loan for an agency project by a period that is equal to the remaining useful life of the project, as determined by the agency, but not more than 55 years and not less than 30 years from the date of agency approval, under terms that are substantially consistent with the purposes of this section, if all of the following conditions are met:(A)The borrower shall provide to the agency the report described in paragraph (1) of subdivision (a).(B)The extension shall be subject to the conditions set forth in paragraph (2) of subdivision (a).(C)The rent levels and tenant protections described in paragraphs (4) and (5) of subdivision (a) shall be satisfied, except that the agency, not the department, shall make the determination required under clause (i) of subparagraph (A) of paragraph (4) of subdivision (a) that the project income is insufficient to meet the agencys affordable multifamily lending program requirements.(3)Any determination or approval under this section regarding the agency projects shall be by the agency rather than the department.(4)The borrower and the agency shall amend, replace, or revise any other loan documents or agreements governing the loans for the agency projects as necessary to accomplish the purposes of this section.(5)All funds received by the agency for the agency projects, whether by loan repayment, foreclosure, accrued interest, or otherwise, shall be used to provide assistance to existing or future projects financed by or through the agency pursuant to terms consistent with the agencys affordable multifamily lending programs.(e)It is the intent of the Legislature in enacting this section that the department should manage its reserves for the original Rental Housing Construction Program in a manner that will allow for the continuation of current benefits to current low-income tenants for the longest period of time possible. Accordingly, rent subsidies shall be continued only for units occupied by lower income tenants who were in residence at the time of the extension authorized under this section.(f)It is the intent of the Legislature in enacting this section to provide to the department the flexibility necessary to preserve the affordable rental units for which the state has already made a significant public investment. Accordingly, the department may implement this section through guidelines that shall not be subject to Chapter 2.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code.(g)This section shall become operative on July 1, 2008.(h)This section shall not apply to loan extensions and senior debt subordinations executed by the department and recorded after the effective date of the guidelines adopted by the department pursuant to subdivision (h) of Section 50560.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12926 of the Government Code is amended to read:12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:(a) Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.(b) Age refers to the chronological age of any individual who has reached a 40th birthday.(c) Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.(d) Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:Employer does not include a religious association or corporation not organized for private profit.(e) Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.(f) Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.(1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:(A) The function may be essential because the reason the position exists is to perform that function.(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.(C) The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.(2) Evidence of whether a particular function is essential includes, but is not limited to, the following:(A) The employers judgment as to which functions are essential.(B) Written job descriptions prepared before advertising or interviewing applicants for the job.(C) The amount of time spent on the job performing the function.(D) The consequences of not requiring the incumbent to perform the function.(E) The terms of a collective bargaining agreement.(F) The work experiences of past incumbents in the job.(G) The current work experience of incumbents in similar jobs.(g) (1) Genetic information means, with respect to any individual, information about any of the following:(A) The individuals genetic tests.(B) The genetic tests of family members of the individual.(C) The manifestation of a disease or disorder in family members of the individual.(2) Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.(3) Genetic information does not include information about the sex or age of any individual.(h) Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.(i) Medical condition means either of the following:(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.(2) Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.(j) Mental disability includes, but is not limited to, all of the following:(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:(A) Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.(C) Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(k) Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.(l) On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.(m) Physical disability includes, but is not limited to, all of the following:(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.(B) Limits a major life activity. For purposes of this section:(i) Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.(iii) Major life activities shall be broadly construed and includes physical, mental, and social activities and working.(2) Any other health impairment not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).(6) Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(n) Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).(o) Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:(1) Any combination of those characteristics.(2) A perception that the person has any of those characteristics or any combination of those characteristics.(3) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.(p) Reasonable accommodation may include either of the following:(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.(q) Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.(r) (1) Sex includes, but is not limited to, the following:(A) Pregnancy or medical conditions related to pregnancy.(B) Childbirth or medical conditions related to childbirth.(C) Breastfeeding or medical conditions related to breastfeeding.(2) Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(s) Sexual orientation means heterosexuality, homosexuality, and bisexuality.(t) Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.(u) Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:(1) The nature and cost of the accommodation needed.(2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.(4) The type of operations, including the composition, structure, and functions of the workforce of the entity.(5) The geographic separateness or administrative or fiscal relationship of the facility or facilities.(v) National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.(w) Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.(x) Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.(y) Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.(z) Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declaratory of, and clarifies, existing law.
SECTION 1. Section 12926 of the Government Code is amended to read:
### SECTION 1.
12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:(a) Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.(b) Age refers to the chronological age of any individual who has reached a 40th birthday.(c) Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.(d) Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:Employer does not include a religious association or corporation not organized for private profit.(e) Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.(f) Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.(1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:(A) The function may be essential because the reason the position exists is to perform that function.(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.(C) The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.(2) Evidence of whether a particular function is essential includes, but is not limited to, the following:(A) The employers judgment as to which functions are essential.(B) Written job descriptions prepared before advertising or interviewing applicants for the job.(C) The amount of time spent on the job performing the function.(D) The consequences of not requiring the incumbent to perform the function.(E) The terms of a collective bargaining agreement.(F) The work experiences of past incumbents in the job.(G) The current work experience of incumbents in similar jobs.(g) (1) Genetic information means, with respect to any individual, information about any of the following:(A) The individuals genetic tests.(B) The genetic tests of family members of the individual.(C) The manifestation of a disease or disorder in family members of the individual.(2) Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.(3) Genetic information does not include information about the sex or age of any individual.(h) Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.(i) Medical condition means either of the following:(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.(2) Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.(j) Mental disability includes, but is not limited to, all of the following:(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:(A) Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.(C) Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(k) Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.(l) On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.(m) Physical disability includes, but is not limited to, all of the following:(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.(B) Limits a major life activity. For purposes of this section:(i) Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.(iii) Major life activities shall be broadly construed and includes physical, mental, and social activities and working.(2) Any other health impairment not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).(6) Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(n) Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).(o) Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:(1) Any combination of those characteristics.(2) A perception that the person has any of those characteristics or any combination of those characteristics.(3) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.(p) Reasonable accommodation may include either of the following:(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.(q) Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.(r) (1) Sex includes, but is not limited to, the following:(A) Pregnancy or medical conditions related to pregnancy.(B) Childbirth or medical conditions related to childbirth.(C) Breastfeeding or medical conditions related to breastfeeding.(2) Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(s) Sexual orientation means heterosexuality, homosexuality, and bisexuality.(t) Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.(u) Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:(1) The nature and cost of the accommodation needed.(2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.(4) The type of operations, including the composition, structure, and functions of the workforce of the entity.(5) The geographic separateness or administrative or fiscal relationship of the facility or facilities.(v) National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.(w) Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.(x) Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.(y) Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.(z) Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declaratory of, and clarifies, existing law.
12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:(a) Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.(b) Age refers to the chronological age of any individual who has reached a 40th birthday.(c) Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.(d) Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:Employer does not include a religious association or corporation not organized for private profit.(e) Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.(f) Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.(1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:(A) The function may be essential because the reason the position exists is to perform that function.(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.(C) The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.(2) Evidence of whether a particular function is essential includes, but is not limited to, the following:(A) The employers judgment as to which functions are essential.(B) Written job descriptions prepared before advertising or interviewing applicants for the job.(C) The amount of time spent on the job performing the function.(D) The consequences of not requiring the incumbent to perform the function.(E) The terms of a collective bargaining agreement.(F) The work experiences of past incumbents in the job.(G) The current work experience of incumbents in similar jobs.(g) (1) Genetic information means, with respect to any individual, information about any of the following:(A) The individuals genetic tests.(B) The genetic tests of family members of the individual.(C) The manifestation of a disease or disorder in family members of the individual.(2) Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.(3) Genetic information does not include information about the sex or age of any individual.(h) Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.(i) Medical condition means either of the following:(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.(2) Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.(j) Mental disability includes, but is not limited to, all of the following:(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:(A) Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.(C) Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(k) Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.(l) On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.(m) Physical disability includes, but is not limited to, all of the following:(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.(B) Limits a major life activity. For purposes of this section:(i) Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.(iii) Major life activities shall be broadly construed and includes physical, mental, and social activities and working.(2) Any other health impairment not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).(6) Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(n) Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).(o) Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:(1) Any combination of those characteristics.(2) A perception that the person has any of those characteristics or any combination of those characteristics.(3) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.(p) Reasonable accommodation may include either of the following:(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.(q) Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.(r) (1) Sex includes, but is not limited to, the following:(A) Pregnancy or medical conditions related to pregnancy.(B) Childbirth or medical conditions related to childbirth.(C) Breastfeeding or medical conditions related to breastfeeding.(2) Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(s) Sexual orientation means heterosexuality, homosexuality, and bisexuality.(t) Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.(u) Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:(1) The nature and cost of the accommodation needed.(2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.(4) The type of operations, including the composition, structure, and functions of the workforce of the entity.(5) The geographic separateness or administrative or fiscal relationship of the facility or facilities.(v) National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.(w) Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.(x) Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.(y) Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.(z) Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declaratory of, and clarifies, existing law.
12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:(a) Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.(b) Age refers to the chronological age of any individual who has reached a 40th birthday.(c) Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.(d) Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:Employer does not include a religious association or corporation not organized for private profit.(e) Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.(f) Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.(1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:(A) The function may be essential because the reason the position exists is to perform that function.(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.(C) The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.(2) Evidence of whether a particular function is essential includes, but is not limited to, the following:(A) The employers judgment as to which functions are essential.(B) Written job descriptions prepared before advertising or interviewing applicants for the job.(C) The amount of time spent on the job performing the function.(D) The consequences of not requiring the incumbent to perform the function.(E) The terms of a collective bargaining agreement.(F) The work experiences of past incumbents in the job.(G) The current work experience of incumbents in similar jobs.(g) (1) Genetic information means, with respect to any individual, information about any of the following:(A) The individuals genetic tests.(B) The genetic tests of family members of the individual.(C) The manifestation of a disease or disorder in family members of the individual.(2) Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.(3) Genetic information does not include information about the sex or age of any individual.(h) Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.(i) Medical condition means either of the following:(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.(2) Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.(j) Mental disability includes, but is not limited to, all of the following:(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:(A) Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.(C) Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(k) Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.(l) On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.(m) Physical disability includes, but is not limited to, all of the following:(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.(B) Limits a major life activity. For purposes of this section:(i) Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.(iii) Major life activities shall be broadly construed and includes physical, mental, and social activities and working.(2) Any other health impairment not described in paragraph (1) that requires special education or related services.(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).(6) Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.(n) Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).(o) Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:(1) Any combination of those characteristics.(2) A perception that the person has any of those characteristics or any combination of those characteristics.(3) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.(p) Reasonable accommodation may include either of the following:(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.(q) Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.(r) (1) Sex includes, but is not limited to, the following:(A) Pregnancy or medical conditions related to pregnancy.(B) Childbirth or medical conditions related to childbirth.(C) Breastfeeding or medical conditions related to breastfeeding.(2) Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.(s) Sexual orientation means heterosexuality, homosexuality, and bisexuality.(t) Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.(u) Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:(1) The nature and cost of the accommodation needed.(2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.(4) The type of operations, including the composition, structure, and functions of the workforce of the entity.(5) The geographic separateness or administrative or fiscal relationship of the facility or facilities.(v) National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.(w) Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.(x) Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.(y) Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.(z) Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declaratory of, and clarifies, existing law.
12926. As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a) Affirmative relief or prospective relief includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b) Age refers to the chronological age of any individual who has reached a 40th birthday.
(c) Except as provided by Section 12926.05, employee does not include any individual employed by that persons parent, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d) Employer includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
Employer does not include a religious association or corporation not organized for private profit.
(e) Employment agency includes any person undertaking for compensation to procure employees or opportunities to work.
(f) Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. Essential functions does not include the marginal functions of the position.
(1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:
(A) The function may be essential because the reason the position exists is to perform that function.
(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(C) The function may be highly specialized, so that the incumbent in the position is hired based on expertise or the ability to perform a particular function.
(2) Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A) The employers judgment as to which functions are essential.
(B) Written job descriptions prepared before advertising or interviewing applicants for the job.
(C) The amount of time spent on the job performing the function.
(D) The consequences of not requiring the incumbent to perform the function.
(E) The terms of a collective bargaining agreement.
(F) The work experiences of past incumbents in the job.
(G) The current work experience of incumbents in similar jobs.
(g) (1) Genetic information means, with respect to any individual, information about any of the following:
(A) The individuals genetic tests.
(B) The genetic tests of family members of the individual.
(C) The manifestation of a disease or disorder in family members of the individual.
(2) Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.
(3) Genetic information does not include information about the sex or age of any individual.
(h) Labor organization includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(i) Medical condition means either of the following:
(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2) Genetic characteristics. For purposes of this section, genetic characteristics means either of the following:
(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that persons offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that persons offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j) Mental disability includes, but is not limited to, all of the following:
(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A) Limits shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C) Major life activities shall be broadly construed and shall include physical, mental, and social activities and working.
(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
Mental disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(k) Veteran or military status means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l) On the bases enumerated in this part means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status.
(m) Physical disability includes, but is not limited to, all of the following:
(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B) Limits a major life activity. For purposes of this section:
(i) Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii) Major life activities shall be broadly construed and includes physical, mental, and social activities and working.
(2) Any other health impairment not described in paragraph (1) that requires special education or related services.
(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6) Physical disability does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n) Notwithstanding subdivisions (j) and (m), if the definition of disability used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
(o) Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status includes any of the following:
(1) Any combination of those characteristics.
(2) A perception that the person has any of those characteristics or any combination of those characteristics.
(3) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
(p) Reasonable accommodation may include either of the following:
(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
(q) Religious creed, religion, religious observance, religious belief, and creed include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. Religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of an individual observing a religious creed. Religious grooming practice shall be construed broadly to include all forms of head, facial, and body hair that are part of an individual observing a religious creed.
(r) (1) Sex includes, but is not limited to, the following:
(A) Pregnancy or medical conditions related to pregnancy.
(B) Childbirth or medical conditions related to childbirth.
(C) Breastfeeding or medical conditions related to breastfeeding.
(2) Sex also includes, but is not limited to, a persons gender. Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth.
(s) Sexual orientation means heterosexuality, homosexuality, and bisexuality.
(t) Supervisor means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(u) Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1) The nature and cost of the accommodation needed.
(2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4) The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5) The geographic separateness or administrative or fiscal relationship of the facility or facilities.
(v) National origin discrimination includes, but is not limited to, discrimination on the basis of possessing a drivers license or identification card granted under Section 12801.9 of the Vehicle Code.
(w) Race is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(x) Protective hairstyles includes, but is not limited to, such hairstyles as braids, locs, and twists.
(y) Reproductive health decisionmaking includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. This subdivision and other provisions in this part relating to reproductive health decisionmaking shall not be construed to mean that subdivision (r) of this section and other provisions in this part related to sex do not include reproductive health decisionmaking.
(z) Group or class complaint includes any complaint alleging a pattern or practice. This paragraph is declaratory of, and clarifies, existing law.
SEC. 2. Section 12960 of the Government Code is amended to read:12960. (a) This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6.(b) For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.(c) Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof and contain other information as may be required by the department. The director or the directors authorized representative may in like manner, on that persons own motion, make, sign, and file a complaint.(d) Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action.(e) (1) A complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.(2) A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(3) A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.(4) A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.(6) Notwithstanding paragraphs (1) through (5), inclusive, the filing periods set forth by this section may be extended as follows:(A) For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.(B) For a period of time not to exceed one year following a rebutted presumption of the identity of the persons employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer.(C) For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.(D) For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.(E) For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section.(f) (1) Notwithstanding any tolling or limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the department for an alleged violation of that statute until either of the following:(A) The department files a civil action for the alleged violation under this part.(B) One year after the department issues either of the following to a complainant:(B)One year after the department issues written(i) Written notice to a complainant that it has closed its investigation without electing to file a civil action for the alleged violation.(ii) If the complainant timely appeals to the department the closure of their complaint, written notice that the complaint has remained closed following the appeal to the department.(2) The tolling provided under this subdivision shall apply retroactively.(3) This subdivision is not intended to revive claims that have already lapsed.
SEC. 2. Section 12960 of the Government Code is amended to read:
### SEC. 2.
12960. (a) This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6.(b) For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.(c) Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof and contain other information as may be required by the department. The director or the directors authorized representative may in like manner, on that persons own motion, make, sign, and file a complaint.(d) Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action.(e) (1) A complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.(2) A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(3) A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.(4) A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.(6) Notwithstanding paragraphs (1) through (5), inclusive, the filing periods set forth by this section may be extended as follows:(A) For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.(B) For a period of time not to exceed one year following a rebutted presumption of the identity of the persons employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer.(C) For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.(D) For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.(E) For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section.(f) (1) Notwithstanding any tolling or limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the department for an alleged violation of that statute until either of the following:(A) The department files a civil action for the alleged violation under this part.(B) One year after the department issues either of the following to a complainant:(B)One year after the department issues written(i) Written notice to a complainant that it has closed its investigation without electing to file a civil action for the alleged violation.(ii) If the complainant timely appeals to the department the closure of their complaint, written notice that the complaint has remained closed following the appeal to the department.(2) The tolling provided under this subdivision shall apply retroactively.(3) This subdivision is not intended to revive claims that have already lapsed.
12960. (a) This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6.(b) For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.(c) Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof and contain other information as may be required by the department. The director or the directors authorized representative may in like manner, on that persons own motion, make, sign, and file a complaint.(d) Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action.(e) (1) A complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.(2) A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(3) A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.(4) A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.(6) Notwithstanding paragraphs (1) through (5), inclusive, the filing periods set forth by this section may be extended as follows:(A) For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.(B) For a period of time not to exceed one year following a rebutted presumption of the identity of the persons employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer.(C) For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.(D) For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.(E) For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section.(f) (1) Notwithstanding any tolling or limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the department for an alleged violation of that statute until either of the following:(A) The department files a civil action for the alleged violation under this part.(B) One year after the department issues either of the following to a complainant:(B)One year after the department issues written(i) Written notice to a complainant that it has closed its investigation without electing to file a civil action for the alleged violation.(ii) If the complainant timely appeals to the department the closure of their complaint, written notice that the complaint has remained closed following the appeal to the department.(2) The tolling provided under this subdivision shall apply retroactively.(3) This subdivision is not intended to revive claims that have already lapsed.
12960. (a) This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6.(b) For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.(c) Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof and contain other information as may be required by the department. The director or the directors authorized representative may in like manner, on that persons own motion, make, sign, and file a complaint.(d) Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action.(e) (1) A complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.(2) A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(3) A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.(4) A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.(5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.(6) Notwithstanding paragraphs (1) through (5), inclusive, the filing periods set forth by this section may be extended as follows:(A) For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.(B) For a period of time not to exceed one year following a rebutted presumption of the identity of the persons employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer.(C) For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.(D) For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.(E) For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section.(f) (1) Notwithstanding any tolling or limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the department for an alleged violation of that statute until either of the following:(A) The department files a civil action for the alleged violation under this part.(B) One year after the department issues either of the following to a complainant:(B)One year after the department issues written(i) Written notice to a complainant that it has closed its investigation without electing to file a civil action for the alleged violation.(ii) If the complainant timely appeals to the department the closure of their complaint, written notice that the complaint has remained closed following the appeal to the department.(2) The tolling provided under this subdivision shall apply retroactively.(3) This subdivision is not intended to revive claims that have already lapsed.
12960. (a) This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6.
(b) For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.
(c) Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof and contain other information as may be required by the department. The director or the directors authorized representative may in like manner, on that persons own motion, make, sign, and file a complaint.
(d) Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action.
(e) (1) A complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.
(2) A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.
(3) A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.
(4) A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.
(5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.
(6) Notwithstanding paragraphs (1) through (5), inclusive, the filing periods set forth by this section may be extended as follows:
(A) For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.
(B) For a period of time not to exceed one year following a rebutted presumption of the identity of the persons employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer.
(C) For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.
(D) For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.
(E) For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section.
(f) (1) Notwithstanding any tolling or limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the department for an alleged violation of that statute until either of the following:
(A) The department files a civil action for the alleged violation under this part.
(B) One year after the department issues either of the following to a complainant:
(B)One year after the department issues written
(i) Written notice to a complainant that it has closed its investigation without electing to file a civil action for the alleged violation.
(ii) If the complainant timely appeals to the department the closure of their complaint, written notice that the complaint has remained closed following the appeal to the department.
(2) The tolling provided under this subdivision shall apply retroactively.
(3) This subdivision is not intended to revive claims that have already lapsed.
SEC. 3. Section 12965 of the Government Code is amended to read:12965. (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the directors discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved.(2) Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the departments internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) In a civil action, the person claiming to be aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that persons own counsel.(4) A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendants residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state.(5) (A) A complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint.(B) For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint.(C) For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint.(D) The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled as follows:(D)The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(b) For purposes of this section, filing a complaint means filing a verified complaint.(c) (1) (A) Except as specified in subparagraph (B), subparagraphs (B) and (C), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint.(B) For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint.(C) If the department determines, in its discretion, that the complaint relates in whole or in part to a complaint filed in the name of the director or a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, the department shall issue a right-to-sue notice upon request by the person claiming to be aggrieved or, if the person claiming to be aggrieved does not request a right-to-sue notice, after the directors complaint or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. (C)(D) The notices specified in subparagraphs (A) (A), (B), and (B) (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.(D)(E) This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6.(F) The deadlines specified in subparagraphs (A), (B), and (C) shall be tolled as follows:(E)The deadlines specified in subparagraphs (A) and (B) shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(2) A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice.(3) The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendants residence or principal office.(4) A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so.(5) A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants.(6) In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorneys fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.(d) A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employers internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part.(e) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission.(C) A right-to-sue notice is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.(3) This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093.(f) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department.(C) After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.
SEC. 3. Section 12965 of the Government Code is amended to read:
### SEC. 3.
12965. (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the directors discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved.(2) Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the departments internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) In a civil action, the person claiming to be aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that persons own counsel.(4) A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendants residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state.(5) (A) A complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint.(B) For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint.(C) For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint.(D) The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled as follows:(D)The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(b) For purposes of this section, filing a complaint means filing a verified complaint.(c) (1) (A) Except as specified in subparagraph (B), subparagraphs (B) and (C), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint.(B) For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint.(C) If the department determines, in its discretion, that the complaint relates in whole or in part to a complaint filed in the name of the director or a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, the department shall issue a right-to-sue notice upon request by the person claiming to be aggrieved or, if the person claiming to be aggrieved does not request a right-to-sue notice, after the directors complaint or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. (C)(D) The notices specified in subparagraphs (A) (A), (B), and (B) (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.(D)(E) This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6.(F) The deadlines specified in subparagraphs (A), (B), and (C) shall be tolled as follows:(E)The deadlines specified in subparagraphs (A) and (B) shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(2) A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice.(3) The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendants residence or principal office.(4) A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so.(5) A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants.(6) In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorneys fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.(d) A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employers internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part.(e) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission.(C) A right-to-sue notice is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.(3) This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093.(f) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department.(C) After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.
12965. (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the directors discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved.(2) Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the departments internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) In a civil action, the person claiming to be aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that persons own counsel.(4) A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendants residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state.(5) (A) A complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint.(B) For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint.(C) For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint.(D) The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled as follows:(D)The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(b) For purposes of this section, filing a complaint means filing a verified complaint.(c) (1) (A) Except as specified in subparagraph (B), subparagraphs (B) and (C), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint.(B) For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint.(C) If the department determines, in its discretion, that the complaint relates in whole or in part to a complaint filed in the name of the director or a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, the department shall issue a right-to-sue notice upon request by the person claiming to be aggrieved or, if the person claiming to be aggrieved does not request a right-to-sue notice, after the directors complaint or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. (C)(D) The notices specified in subparagraphs (A) (A), (B), and (B) (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.(D)(E) This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6.(F) The deadlines specified in subparagraphs (A), (B), and (C) shall be tolled as follows:(E)The deadlines specified in subparagraphs (A) and (B) shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(2) A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice.(3) The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendants residence or principal office.(4) A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so.(5) A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants.(6) In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorneys fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.(d) A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employers internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part.(e) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission.(C) A right-to-sue notice is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.(3) This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093.(f) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department.(C) After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.
12965. (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the directors discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved.(2) Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the departments internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) In a civil action, the person claiming to be aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that persons own counsel.(4) A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendants residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state.(5) (A) A complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint.(B) For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint.(C) For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint.(D) The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled as follows:(D)The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(b) For purposes of this section, filing a complaint means filing a verified complaint.(c) (1) (A) Except as specified in subparagraph (B), subparagraphs (B) and (C), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint.(B) For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint.(C) If the department determines, in its discretion, that the complaint relates in whole or in part to a complaint filed in the name of the director or a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, the department shall issue a right-to-sue notice upon request by the person claiming to be aggrieved or, if the person claiming to be aggrieved does not request a right-to-sue notice, after the directors complaint or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. (C)(D) The notices specified in subparagraphs (A) (A), (B), and (B) (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.(D)(E) This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6.(F) The deadlines specified in subparagraphs (A), (B), and (C) shall be tolled as follows:(E)The deadlines specified in subparagraphs (A) and (B) shall be tolled during(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.(iv) During a timely appeal within the department of the closure of the complaint by the department.(2) A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice.(3) The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendants residence or principal office.(4) A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so.(5) A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants.(6) In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorneys fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.(d) A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employers internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part.(e) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission.(C) A right-to-sue notice is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.(3) This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093.(f) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.(B) The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department.(C) After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person.(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.
12965. (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the directors discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved.
(2) Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the departments internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.
(3) In a civil action, the person claiming to be aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that persons own counsel.
(4) A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendants residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state.
(5) (A) A complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint.
(B) For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint.
(C) For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint.
(D) The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled as follows:
(D)The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled during
(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.
(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.
(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.
(iv) During a timely appeal within the department of the closure of the complaint by the department.
(b) For purposes of this section, filing a complaint means filing a verified complaint.
(c) (1) (A) Except as specified in subparagraph (B), subparagraphs (B) and (C), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint.
(B) For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint.
(C) If the department determines, in its discretion, that the complaint relates in whole or in part to a complaint filed in the name of the director or a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, the department shall issue a right-to-sue notice upon request by the person claiming to be aggrieved or, if the person claiming to be aggrieved does not request a right-to-sue notice, after the directors complaint or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated.
(C)
(D) The notices specified in subparagraphs (A) (A), (B), and (B) (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.
(D)
(E) This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6.
(F) The deadlines specified in subparagraphs (A), (B), and (C) shall be tolled as follows:
(E)The deadlines specified in subparagraphs (A) and (B) shall be tolled during
(i) During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.
(ii) For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.
(iii) For the period of time for which the departments investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.
(iv) During a timely appeal within the department of the closure of the complaint by the department.
(2) A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice.
(3) The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendants residence or principal office.
(4) A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so.
(5) A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants.
(6) In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorneys fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.
(d) A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employers internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part.
(e) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:
(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.
(B) The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission.
(C) A right-to-sue notice is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission.
(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.
(3) This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093.
(f) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:
(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.
(B) The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department.
(C) After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person.
(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.
SEC. 4. Section 12981 of the Government Code is amended to read:12981. (a) (1) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7 that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department, acting in the public interest, on behalf of the aggrieved person as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person than Section 12965, the provisions of this article shall prevail.(2) Prior to filing a civil action pursuant to paragraph (1), the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) A civil action brought pursuant to paragraph (1) shall be filed within 100 days after the filing of a complaint unless it is impracticable to do so. This deadline to file a civil action pursuant to paragraph (1) shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(4) The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
SEC. 4. Section 12981 of the Government Code is amended to read:
### SEC. 4.
12981. (a) (1) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7 that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department, acting in the public interest, on behalf of the aggrieved person as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person than Section 12965, the provisions of this article shall prevail.(2) Prior to filing a civil action pursuant to paragraph (1), the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) A civil action brought pursuant to paragraph (1) shall be filed within 100 days after the filing of a complaint unless it is impracticable to do so. This deadline to file a civil action pursuant to paragraph (1) shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(4) The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
12981. (a) (1) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7 that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department, acting in the public interest, on behalf of the aggrieved person as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person than Section 12965, the provisions of this article shall prevail.(2) Prior to filing a civil action pursuant to paragraph (1), the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) A civil action brought pursuant to paragraph (1) shall be filed within 100 days after the filing of a complaint unless it is impracticable to do so. This deadline to file a civil action pursuant to paragraph (1) shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(4) The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
12981. (a) (1) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7 that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department, acting in the public interest, on behalf of the aggrieved person as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person than Section 12965, the provisions of this article shall prevail.(2) Prior to filing a civil action pursuant to paragraph (1), the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.(3) A civil action brought pursuant to paragraph (1) shall be filed within 100 days after the filing of a complaint unless it is impracticable to do so. This deadline to file a civil action pursuant to paragraph (1) shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.(4) The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
12981. (a) (1) In the case of failure to eliminate a violation of Section 12955, 12955.1, or 12955.7 that has occurred, or is about to occur, through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director shall bring a civil action in the name of the department, acting in the public interest, on behalf of the aggrieved person as a real party in interest, notwithstanding Section 12971, in the same manner and with the same powers as provided in Section 12965, except that where the provisions of this article provide greater rights and remedies to an aggrieved person than Section 12965, the provisions of this article shall prevail.
(2) Prior to filing a civil action pursuant to paragraph (1), the department shall require all parties to participate in the departments mandatory dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.
(3) A civil action brought pursuant to paragraph (1) shall be filed within 100 days after the filing of a complaint unless it is impracticable to do so. This deadline to file a civil action pursuant to paragraph (1) shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it.
(4) The civil action shall be filed in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to that practice are maintained and administered, or in the county in which the aggrieved person would have resided in the housing accommodation. If the defendant is not found within that county, the action may be filed in the county of the defendants residence or principal office. Any aggrieved person may intervene as a matter of right in the proceeding, and the appeal or other judicial review of that proceeding.
(b) If the department determines that an allegation concerns the legality of any zoning or other land use law or ordinance, the department or the Attorney General shall take appropriate action with respect to the complaint according to the procedures established in this part for other complaints of housing discrimination.
(c) Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.
(d) Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement signed by the department, the department shall initiate a civil action to enforce the agreement.
(a)Notwithstanding any other law, the department may extend the term of any existing multifamily housing loan made by the department under the original Rental Housing Construction Program established by Chapter 9 (commencing with Section 50735), the Special User Housing Rehabilitation Program established by Section 50670, or the Deferred Payment Rehabilitation Loan Program established by Chapter 6.5 (commencing with Section 50660) upon the request of any borrower subject to the following conditions:
(1)The borrower shall provide to the department a complete report showing all existing tenants, their incomes, as reported in the most recent annual income certification, and the rents currently charged to each tenant.
(2)The borrower shall agree to an extension of the term of the loan by an additional 55 years from the date of departmental approval. If the department determines that the remaining useful life of a project is less than 55 years, the loan may be extended for the remaining useful life of the project, but not less than 30 years. The department may convert the existing outstanding principal and any accrued interest into the new loan amount. The interest rate on the extended term shall be 3 percent simple interest. All future payments of principal and interest may be deferred except for a percentage of interest equal to the percentage charged in the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)) for the departments ongoing monitoring and management responsibilities.
(3)The borrower shall agree to amend or replace the existing regulatory agreement to include terms generally equivalent to those used in the Multifamily Housing Program. In addition, the borrower shall agree to replace, amend, or revise any other loan document as necessary to accomplish the purposes of this section.
(4)(A)The borrower shall agree to a rent schedule that ensures that all assisted units are affordable to households earning no more than 60 percent of the area median income and that at least 35 percent of all assisted units shall be reserved for, affordable to, and occupied by, households earning less than or equal to the midlevel target used by the Multifamily Housing Program, unless the department finds both of the following:
(i)That the project income is insufficient to maintain fiscal integrity, as that term is used in the Multifamily Housing Program, and is insufficient to maintain the rents required under this subparagraph pursuant to the terms of the Uniform Multifamily Regulations, or any successor regulations, except that commercial vacancy loss shall be projected based on the operating history of the project, commercial vacancy rates in the neighborhood, and similar factors typically used by commercial lenders.
(ii)That the borrower has exhausted all available potential sources of rental subsidies, including, but not limited to, federal, state, and local funds.
(B)If the department finds that a reduction in the percentage of assisted units to less than 35 percent of assisted units is justified, it shall ensure that the largest possible percentage is reserved for the targeted households.
(C)For the purposes of this paragraph, midlevel target used by the Multifamily Housing Program shall mean the following:
(i)For counties with an area median income of 110 percent or less of the state median income, it shall mean households earning 30 percent of state median income, expressed as a percentage of area median income.
(ii)For counties with an area median income that exceeds 110 percent of the state median income, it shall mean households earning less than 35 percent of state median income, expressed as a percentage of area median income.
(5)No tenant residing in a project at the time of an extension authorized by this section may be displaced as a result of the regulatory revisions authorized by this section, and, for the initial operating year after approval of the extension, that tenant may not have his or her rent increased above the amounts specified in his or her preexisting regulatory agreements, except that no tenant may pay less than 30 percent of his or her income, calculated pursuant to the Multifamily Housing Program criteria. If a rent increase authorized under this section would exceed a 10 percent increase in payment for a lower income tenant, the project owner shall phase in the increase so that it does not exceed 10 percent per year. After the initial operating year after the extension authorized under this section, the rents for all regulated units that are subject to the new agreement may be adjusted in the percentage calculated pursuant to the Multifamily Housing Program criteria, plus the amount necessary to bring an individual tenant up to the 30-percent-of-income standard, provided that the total annual increase does not exceed 10 percent. Rent adjustments for all tenants occupying assisted units at the time of the extension shall be based on the tenants initial rent established under this paragraph. Upon vacancy of an assisted unit occupied at the time of the extension, the new base rent for that unit shall be established consistent with the standards used in the Multifamily Housing Program for the regulated income band, subject to the reservation of units required under paragraph (4).
(b)The department may approve an extension of a loan made by the department if it determines that the project has, or will have after rehabilitation or repairs, a potential remaining useful life of at least 30 years and that the project is deemed financially feasible pursuant to the terms of its Uniform Multifamily Regulations or successor regulations.
(c)The department may subordinate its loan or loans to refinance existing senior debt and to additional permanent financing if that additional senior debt is used only for rehabilitation, repairs, or improvements, or both, including related soft costs, that are modest in size, scope, and cost, as determined by the department and necessary to maintain and extend the useful life of the project.
(d)(1)For the purposes of this subdivision, the agency projects are the 26 projects assisted through the original Rental Housing Construction Program with funds administered by the California Housing Finance Agency.
(2)Upon the request of a borrower the agency may extend the term of an existing loan for an agency project by a period that is equal to the remaining useful life of the project, as determined by the agency, but not more than 55 years and not less than 30 years from the date of agency approval, under terms that are substantially consistent with the purposes of this section, if all of the following conditions are met:
(A)The borrower shall provide to the agency the report described in paragraph (1) of subdivision (a).
(B)The extension shall be subject to the conditions set forth in paragraph (2) of subdivision (a).
(C)The rent levels and tenant protections described in paragraphs (4) and (5) of subdivision (a) shall be satisfied, except that the agency, not the department, shall make the determination required under clause (i) of subparagraph (A) of paragraph (4) of subdivision (a) that the project income is insufficient to meet the agencys affordable multifamily lending program requirements.
(3)Any determination or approval under this section regarding the agency projects shall be by the agency rather than the department.
(4)The borrower and the agency shall amend, replace, or revise any other loan documents or agreements governing the loans for the agency projects as necessary to accomplish the purposes of this section.
(5)All funds received by the agency for the agency projects, whether by loan repayment, foreclosure, accrued interest, or otherwise, shall be used to provide assistance to existing or future projects financed by or through the agency pursuant to terms consistent with the agencys affordable multifamily lending programs.
(e)It is the intent of the Legislature in enacting this section that the department should manage its reserves for the original Rental Housing Construction Program in a manner that will allow for the continuation of current benefits to current low-income tenants for the longest period of time possible. Accordingly, rent subsidies shall be continued only for units occupied by lower income tenants who were in residence at the time of the extension authorized under this section.
(f)It is the intent of the Legislature in enacting this section to provide to the department the flexibility necessary to preserve the affordable rental units for which the state has already made a significant public investment. Accordingly, the department may implement this section through guidelines that shall not be subject to Chapter 2.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code.
(g)This section shall become operative on July 1, 2008.
(h)This section shall not apply to loan extensions and senior debt subordinations executed by the department and recorded after the effective date of the guidelines adopted by the department pursuant to subdivision (h) of Section 50560.