For those completists among you who can't get enough of California politics,
here's the official text of AB-2601, as signed.  It *is* slightly different
than it was when it was first introduced.  The key sentence is this:

  [The Labor Code] "prohibit[s] discrimination or different
  treatment in any aspect of employment or opportunity for
  employment based on actual or perceived sexual orientation."

with lots of qualifications and exemptions and with no criminal penalty for
violation.

The whole bill is so short (for a law, anyway), that I thought I'd type
it all in.

  -- Rodney Hoffman
     rodney@oxy.edu

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		  Assembly Bill No. 2601

		       CHAPTER 915

An act to add Section 1102.1 to the Labor Code, relating to employment.

	[Approved by Governor September 25, 1992.  Filed with
	      Secretary of State September 25, 1992.]

		  LEGISLATIVE COUNSEL'S DIGEST

AB 2601, T. Friedman.  Employment: discrimination: sexual orientation.

Existing statutory law prohibits employers from making, adopting, or
enforcing any policy that tends to control or direct the political
activities or affiliations of employees.  It also prohibits employers
from coercing, influencing, or attempting to coerce or influence
employees to adopt or follow or refrain from adopting or following
any particular line of political activity by threatening a loss of
employment.  Existing court decisions, for purposes of the above
provisions, recognize that actions of homosexuals for equal rights,
including actions in the field of employment, are political activity
within the above statutory provisions and are protected from the
adverse policies of employers and prospective employers.

This bill would codify the above court decisions and would specify
that the above statutory provisions prohibit discrimination or
different treatment in any aspect of employment or opportunity for
employment based on actual or perceived sexual orientation.  It would
provide that this prohibition shall apply to any person regularly
employing 5 or more persons or any person acting as an agent of an
employer, as specified, but it would not apply to a religious
association or corporation not organized for private profit, whether
incorporated as a religious or public benefit corporation.


The people of the State of California do enact as follows:

SECTION 1.  The purpose of this act is to codify the court decisions
in Gay Law Students v. Pacific Telephone and Telegraph, 24 Cal. 3d 458
(1979) and Soroka v. Dayton Hudson Corp., 235 Cal. App. 3d 654 (1991)
prohibiting discrimination based on sexual orientation.  Because this
act codifies existing law and practice by the Labor Commissioner and
adds exemptions for small employers and religious organizations that
are not exempt under existing law, it is the intent of the Legislature
that this act shall not increase state costs beyond what existing law
and practice require.

SEC. 2.  Section 1102.1 is added to the Labor Code, to read:

1102.1. (a) Sections 1101 and 1102 prohibit discrimination or different
treatment in any aspect of employment or opportunity for employment
based on actual or perceived sexual orientation.

(b) For purposes of this section:

(1) "Employer" as used in this chapter includes any person regularly
employing five or more persons, or any person acting as an agent of an
employer, directly or indirectly, including the state or any political
subdivision of the state.

(2) "Employer" as used in this chapter does not include a religious
association or corporation not organized for private profit, whether
incorporated as a religious or public benefit corporation.

(c) Nothing in this section shall invalidate any marital status
classification that is otherwise valid.

(d) Nothing in this section shall require or permit the use of quotas
or other such affirmative action.

(e) Nothing in this section shall interfere with whatever existing
rights an employer has to base employment actions on the commission
of conduct illegal in California.

(f) Section 1103 on criminal penalties shall not apply to a violation
of this section.

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