BILL NUMBER: SB 242	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 24, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 242, as introduced, Yee. Civil rights: language restrictions.
   The Unruh Civil Rights Act generally prohibits business
establishments from discriminating on the basis of sex, race, color,
religion, ancestry, national origin, disability, or medical
condition. The act provides civil remedies for violations of its
provisions. Under the California Fair Employment Housing Act, it is
an unlawful employment practice for an employer to adopt or enforce a
policy that prohibits the use of any language in the workplace,
except if that policy is justified by business necessity, as defined,
and prescribed notice of the policy and consequences for violation
of the policy is given to employees.
   This bill would make it a violation of the Unruh Civil Rights Act
to adopt or enforce a policy that limits or prohibits the use of any
language in a business establishment, unless the language is
justified by a business necessity, as defined, and notification has
been provided of the circumstances and the time when the language
restriction is to be observed and of the consequences for its
violation. The bill would define business necessity to require, among
other things, that the language restriction is necessary to the safe
and efficient operation of the business and that an equally
effective, but less discriminatory, alternative practice does not
exist. The bill would provide for an award of damages, and attorney's
fees as may be determined by the court, for a violation of its
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 51.15 is added to the Civil Code, to read:
   51.15.  (a) It is a violation of Section 51 to adopt or enforce a
policy that limits or prohibits the use of any language in a business
establishment, unless both of the following conditions exist:
   (1) The language restriction is justified by a business necessity.
For purposes of this section, "business necessity" means an
overriding legitimate business purpose for which all of the following
are true:
   (A) The language restriction is necessary to the safe and
efficient operation of the business.
   (B) The language restriction effectively fulfills the business
purpose it is supposed to serve.
   (C) An alternative practice to the language restriction that would
accomplish the business purpose equally well with a lesser
discriminatory impact does not exist.
   (2) Notification has been provided of the circumstances and the
time when the language restriction is required to be observed and of
the consequences for its violation.
   (b) In an action pursuant to this section, remedies shall be
awarded as provided in subdivision (a) of Section 52.
   (c) Nothing in this section shall be construed to limit
application of any other remedies or rights provided under the law.