Bill Text: CA SB1100 | 2023-2024 | Regular Session | Amended
Bill Title: Discrimination: driver’s license and car ownership.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-14 - Set for hearing May 16. [SB1100 Detail]
Download: California-2023-SB1100-Amended.html
|
Amended
IN
Senate
April 04, 2024 |
|
Amended
IN
Senate
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1100
| Introduced by Senator Portantino |
February 13, 2024 |
An act to amend Section 12955 of, and to add Section 12945.8 to, the Government Code, relating to discrimination.
LEGISLATIVE COUNSEL'S DIGEST
SB 1100, as amended, Portantino.
Discrimination: driver’s license and car ownership.
Existing law, the California Fair Employment and Housing Act, prohibits various forms of employment and housing discrimination, including various types of discrimination because of national origin, defined to include discrimination on the basis of possessing a driver’s license granted pursuant to existing law that requires the Department of Motor Vehicles to issue an original driver’s license to a person who is unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law, as specified. Existing law empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices.
This bill would make it an unlawful employment practice for an employer to include a statement in various employment materials that an applicant must have a driver’s license, to ask an applicant about whether the applicant has a driver’s license, or to refuse to hire a person for lack of a driver’s license,
license unless the employer reasonably expects the duties of the position to require driving. driving and the employer reasonably believes that satisfying that job function using an alternative form of transportation would not be comparable in travel time or cost to the employer, as specified. The bill would include lack of a driver’s license or car ownership as a protected characteristic in the housing discrimination provisions described above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12945.8 is added to the Government Code, to read:12945.8.
(a)(1)Include a statement in a job advertisement, posting, application, or other material that the applicant must have a driver’s license.
(2)Ask an applicant if the applicant has a driver’s license.
(3)Refuse to hire or employ a person for a lack of a driver’s license.
(b)An action described in subdivision (a) is not an unlawful employment practice if the employer reasonably expects the duties of the position to require
driving.
(1) The employer reasonably expects driving to be one of the job functions for the position.
(2) The employer reasonably believes that satisfying the job function described in paragraph (1) using an alternative form of transportation would not be comparable in travel time or cost to the employer.
(b) For purposes of this section, “alternative form of transportation” includes, but is not limited to, all of the following:
(1) Using a ride hailing service.
(2) Using a taxi.
(3) Carpooling.
(4) Bicycling.
(5) Walking.
SEC. 2.
Section 12955 of the Government Code is amended to read:12955.
It shall be unlawful:(a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, lack of a driver’s license or car ownership, or genetic information of that person.
(b) For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status,
national origin, ancestry, familial status, disability, veteran or military status, lack of a driver’s license or car ownership, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
(c) For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, lack of a driver’s license or car ownership, or genetic information or an intention to make that preference, limitation, or discrimination.
(d) For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.
(e) For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, refinance, organization, or construction of any
housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, lack of a driver’s license or car ownership, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance.
(f) For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owner’s dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has
testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action.
(g) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so.
(h) For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran
or military status, or national origin.
(i) (1) For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, lack of a driver’s license or car ownership, or genetic information.
(2) For any person or other entity whose business includes performing appraisals, as defined in subdivision (b) of Section 11302 of the Business and Professions Code, of residential real property to discriminate
against any person in making available those services, or in the performance of those services, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, lack of a driver’s license or car ownership, or national origin.
(j) To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, lack of a driver’s license or car ownership, or national origin.
(k) To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, lack of a driver’s license or car ownership, or national origin.
(l) To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, lack of a driver’s license or car ownership, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and
other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.
Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void.
(m) As used in this section, “race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, lack of a driver’s license or car ownership, or genetic information,” includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those
characteristics.
(n) To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together.
(o) (1) In instances in which there is a government rent subsidy, to do either of the following:
(A) Use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant.
(B) (i) Use a person’s credit history as part of the application process
for a rental accommodation without offering the applicant the option, at the applicant’s discretion, of providing lawful, verifiable alternative evidence of the applicant’s reasonable ability to pay the portion of the rent to be paid by the tenant, including, but not limited to, government benefit payments, pay records, and bank statements.
(ii) If the applicant elects to provide lawful, verifiable alternative evidence of the applicant’s reasonable ability to pay pursuant to clause (i), the housing provider shall do both of the following:
(I) Provide the applicant reasonable time to respond with that alternative evidence.
(II) Reasonably consider that alternative evidence in lieu of the person’s credit history in
determining whether to offer the rental accommodation to the applicant.
(2) This subdivision does not limit the ability of the owner of a housing accommodation to request information or documentation to verify employment, to request landlord references, or to verify the identity of a person.
(p) (1) For the purposes of this section, “source of income” means lawful, verifiable income paid directly to a tenant, or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f).
“Source of income” includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. For the purposes of this section, a housing owner or landlord is not considered a representative of a tenant unless the source of income is a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher.
(2) For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.
