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SB 665

Title: Employment policy: voluntary veterans’ preference.
Author: Thomas J. Umberg

Summary
SB 665, Umberg. Employment policy: voluntary veterans’ preference. Under the California Fair Employment and Housing Act (FEHA), it is an unlawful employment practice for an employer, unless based upon a bona fide occupational qualification or applicable security regulations established by the United States or the State of California, to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment, or to bar or discharge a person from employment or a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of that person. FEHA provides that nothing in that act relating to discrimination on account of sex affects the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans.This bill would enact the Voluntary Veterans’ Preference Employment Policy Act to authorize a private employer to establish and maintain a written veterans’ preference employment policy, to be applied uniformly to hiring decisions, to give a voluntary preference for hiring a veteran over another qualified applicant. The bill would require a private employer with a veterans’ preference employment policy to annually report to the Department of Fair Employment and Housing the number of veterans hired under the preference policy and any demographic information about those veterans that the employer obtained in response to the department’s reporting requirements. Under the bill, failure to submit that report would render any preference granted by the employer ineligible for the protections provided by this bill. The bill would require the department to report that information, in addition to the number of discrimination claims received based on an employer’s veterans’ preference employment policy, to specified legislative policy committees by July 1, 2025, and July 1, 2027. The bill would provide that the granting of a veterans’ preference pursuant to the bill, in and of itself, shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, the antidiscrimination provisions of FEHA. The bill would revise the existing veteran status provision in FEHA to remove references to discrimination on account of sex and to Vietnam-era veterans, and would, instead, provide that nothing in that act relating to discrimination affects the right of an employer to use veteran status as a factor in hiring decisions if the employer maintains a veterans’ preference employment policy established in accordance with the Voluntary Veterans’ Preference Employment Policy Act. The bill would prohibit a veterans’ preference employment policy from being established or applied for the purpose of discriminating against an employment applicant on the basis of a protected classification, as specified. The bill would repeal these provisions on January 1, 2028.

Status
Introduced. To Com. on RLS. for assignment. To print. 02/19/2021
From printer. May be acted upon on or after March 24. 02/22/2021
Read first time. 02/22/2021
Art. IV. Sec. 8(a) of the Constitution dispensed with. 02/22/2021
(Ayes 32. Noes 4.) 02/22/2021
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.) 02/22/2021
Referred to Coms. on JUD. and M. & V.A. 03/03/2021
Set for hearing April 6. 03/24/2021
From committee: Do pass and re-refer to Com. on M. & V.A. (Ayes 8. Noes 2. Page 687.) (April 6). Re-referred to Com. on M. & V.A. 04/07/2021
Set for hearing April 14. 04/09/2021
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 796.) (April 14). Re-referred to Com. on APPR. 04/14/2021
Set for hearing May 3. 04/21/2021
May 3 hearing: Placed on APPR suspense file. 05/04/2021
Set for hearing May 20. 05/14/2021
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1199.) (May 20). 05/20/2021
Read second time and amended. Ordered to second reading. 05/20/2021
Read second time. Ordered to third reading. 05/24/2021
Read third time. Passed. (Ayes 32. Noes 0. Page 1326.) Ordered to the Assembly. 06/01/2021
In Assembly. Read first time. Held at Desk. 06/02/2021
Referred to Coms. on M. & V.A. and L. & E. 06/10/2021
Re-referred to Coms. on L. & E. and M. & V.A. pursuant to Assembly Rule 96. 06/14/2021
From committee: Do pass as amended and re-refer to Com. on M. & V.A. (Ayes 7. Noes 0.) (June 22). 06/23/2021
Read second time and amended. Re-referred to Com. on M. & V.A. 06/24/2021
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 6). Re-referred to Com. on APPR. 07/07/2021
August 19 set for first hearing. Placed on suspense file. 08/19/2021
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 26). 08/26/2021
Read second time and amended. Ordered to second reading. 08/30/2021
Read second time. Ordered to third reading. 08/31/2021
Read third time. Passed. (Ayes 66. Noes 0.) Ordered to the Senate. 09/08/2021
In Senate. Concurrence in Assembly amendments pending. 09/08/2021
Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. 09/09/2021
Enrolled and presented to the Governor at 1:30 p.m. 09/17/2021
Vetoed by the Governor. 10/06/2021
In Senate. Consideration of Governor's veto pending. 10/06/2021

Bill Documents
SB 665 - Enrolled
09/13/21 - SB 665 (Enrolled)


SB 665 - Senate Floor Analyses
09/08/21 - SB 665 (Senate Floor Analyses)

SB 665 - Assembly Floor Analysis
08/31/21 - SB 665 (Assembly Floor Analysis)

SB 665 - Amended Assembly
08/30/21 - SB 665 (Amended Assembly)

SB 665 - Assembly Appropriations
08/16/21 - SB 665 (Assembly Appropriations)

SB 665 - Assembly Military And Veterans Affairs
07/05/21 - SB 665 (Assembly Military And Veterans Affairs)

SB 665 - Amended Assembly
06/24/21 - SB 665 (Amended Assembly)

SB 665 - Assembly Labor And Employment
06/20/21 - SB 665 (Assembly Labor And Employment)

SB 665 - Senate Floor Analyses
05/25/21 - SB 665 (Senate Floor Analyses)

SB 665 - Senate Appropriations
05/20/21 - SB 665 (Senate Appropriations)

SB 665 - Amended Senate
05/20/21 - SB 665 (Amended Senate)

SB 665 - Senate Appropriations
04/30/21 - SB 665 (Senate Appropriations)

SB 665 - Senate Committee On Military & Veterans Affairs
04/13/21 - SB 665 (Senate Committee On Military & Veterans Affairs)

SB 665 - Senate Judiciary
04/02/21 - SB 665 (Senate Judiciary)

SB 665 - Introduced
02/19/21 - SB 665 (Introduced)