SB 1340 – Enforcement of Local Agency Employment Discrimination Laws

The California Fair Employment and Housing Act (FEHA) makes it unlawful for an employer to engage in specified discriminatory employment practices based on certain protected characteristics. Existing law authorizes the Civil Rights Department (CRD) to receive, investigate, conciliate, mediate, and prosecute complaints alleging employment discrimination pursuant to specified laws, including the FEHA. Under existing law, only CRD has express authority to enforce such discrimination laws. Under existing law, an employee has one (1) year to file a complaint against their employer when the CRD issues a right-to-sue letter.

Senate Bill 1340 (SB 1340) authorizes cities, counties and other political subdivisions of the state may enforce the state’s employment discrimination laws, as well as any local anti-discrimination laws that may be more stringent than the state’s anti-discrimination laws, subject to certain requirements.

Under SB 1340, any city, county, or political subdivision can enforce any state or local law that prohibits discrimination in employment, if all four (4) of the following requirements are satisfied:

• The local enforcement concerns an employment complaint filed with the CRD;
• The local enforcement occurs after the CRD has issued a right-to-sue notice under Government Code section 12965;
• The local enforcement commences before the expiration of time to file a civil action specified in the right-to-sue notice;
• The local enforcement is pursuant to a local law that is at least as protective as the FEHA.

SB 1340 tolls the one (1) year time to file a complaint when a city, county, or other political subdivision commences and enforcement action.

(SB 1340 amends section 12993 of the Government Code.)