AB 887

Bill Subjects

Abstract

(1) Existing law contains various provisions that define sex as including gender and define gender as including a person's gender identity and gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. This bill would make technical changes to those provisions by refining the definition of gender to also mean a person's gender identity and gender expression and would define gender expression as meaning a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. The bill would also replace cross-references to definitions of gender with the referenced definitions refined in the same manner as specified above. (2) Existing law contains various provisions that require equal rights and opportunities in various aspects, including education, housing, and employment, regardless of gender and prohibits discrimination based on specified characteristics, including sex and gender. Existing law also includes various statements of legislative intent and the policies of the state regarding the equal treatment and equal rights of people regardless of certain enumerated characteristics, including sex and gender. Existing law authorizes the Fair Employment and Housing Commission and the Department of Fair Employment and Housing to perform certain functions to eliminate discrimination in employment and housing on the basis of sex. Existing law requires the county counsel to determine whether certain documents contain an unlawful restrictive covenant based on sex and other characteristics. In these provisions, sex and gender are defined in the same manner described above. This bill would make technical changes to those provisions by including gender, gender identity, and gender expression among the enumerated characteristics. The bill would make related conforming changes. (3) Existing law prohibits public schools, including charter schools, from discriminating on the basis of specified characteristics, including gender, and specifies various statements of legislative intent and the policies of the state in that regard. Existing law also prohibits discrimination based on specified characteristics by any postsecondary educational institution that receives, or benefits from, state financial assistance. This bill would additionally include gender identity and gender expression among those characteristics. (4) Existing law requires an employer to allow an employee to appear or dress consistently with the employee's gender identity. This bill would additionally require an employer to allow an employee to appear or dress consistently with the employee's gender expression. (5) Existing law requires a county recorder who provides a copy of a declaration, governing document, or deed to any person to place a cover page or stamp on the first page of the previously recorded document stating that if the document contains any restriction based on certain characteristics, including sex, that the restriction violates state and federal fair housing laws and is void, and may be removed. This bill would require the specified language in the cover page or stamp to include the characteristics of gender, gender identity, and gender expression. By requiring the county recorder to change the cover page or stamp, this bill would impose a state-mandated local program. (6) Existing law prohibits certain property insurance policies from being canceled or refused renewal, and prohibits any premium from being excessive or unfairly discriminatory, solely on the basis that one or more claims has been made against the policy during the preceding 60 months for a loss that is the result of a hate crime committed against the person or property of the insured. That provision defines "hate crime" as specified acts done to a person because of any enumerated characteristics of that person, including gender. This bill would additionally include gender expression and gender identity among those characteristics. (7) Existing law requires the Healthy Families Program to be administered without regard to gender, race, creed, color, sexual orientation, health status, disability, or occupation. This bill would additionally require that program to be administered without regard to gender, gender identity, or gender expression. (8) Existing law prohibits a personal relationship or personal connection from being deemed to exist between an employee who is injured or killed by a 3rd party in the course of the employee's employment and that 3rd party based only on a determination that the 3rd party injured or killed the employee solely because of the 3rd party's perception of the employee's race, religious creed, color, national origin, age, gender, disability, sex, or sexual orientation, for purposes of determining whether to grant or deny a workers' compensation claim. This bill would include among those characteristics gender, gender identity, and gender expression. (9) Existing law requires the parole authority upon the release of any person who has been imprisoned for any felony offense committed against someone due to the victim's actual or perceived gender, among other characteristics, to order the defendant to refrain from further acts of violence, threats, stalking, or harassment of the victim as a condition of parole, as specified. Existing law also requires the court in any case when a person is convicted of an offense against someone due to the victim's actual or perceived gender, among other characteristics, to make an order protecting the victim, or known immediate family or domestic partner of the victim. This bill would additionally require the parole authority and the court to make those orders when the offense was due to a victim's actual or perceived gender identity or gender expression. (10) This bill would incorporate changes made by AB 440 and SB 559 that would become operative if AB 440, SB 559, or both bills are enacted and this bill is enacted after AB 440, SB 559, or both bills. (11) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.