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ASSEMBLY BILL 1126 (DUNLAP – 1973)

CHAPTER 1189, STATUTES OF 1973, AB 1126

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As enacted, Assembly Bill 1126 amended  sections 1411, 1412, 1413, 1419, 1419.9, 1420, and 1432 of the Labor Code and added section 1432.5 to the Labor Code, relating to fair employment practices. (See Exhibit #1f)  Assembly Member John F. Dunlap introduced this bill on April 9, 1973 at the request of a constituent, Congressman Robert Leggett.  (See Exhibits #1a, #5, and #6, document SP 4)

Assembly Bill 1126 was heard before the Assembly Committee on Labor Relations and the Assembly Committee on Ways and Means.  (See Exhibits #2 and #3)  In the Senate, the bill was referred to the Committee on Industrial Relations and the Committee on Finance.  (See Exhibits #2 and #5)  Four amendments were made to Assembly Bill 1126.  (See Exhibits #1b through #1e and #2)  Governor Ronald Reagan signed the measure on October 2, 1973, and the bill was enacted on that date by the Secretary of State as Chapter 1189 of the Statutes of 1973.  (See Exhibits #1f and #2)  Section 9 of Chapter 1189 states that "[t]his act shall become operative on July 12, 1974."  (See Exhibit #1f)

A summary of Assembly Bill 1126 as last amended was provided in the Senate Third Reading Analysis as follows:

DIGEST  This bill, relating to fair employment practices, would add discrimination based on physical handicap to the unfair employment practices prohibited by the California Fair Employment Practice Act, and make such discrimination subject to the jurisdiction and control of the State Fair Employment Practice Commission.  It would provide that the California Fair Employment Practice Act shall not be construed to require an employer to alter premises in order to make them safe for a physically handicapped employee beyond specified degree.  It would exempt the state and local law enforcement agencies from the prohibition against making inquiry as to the physical fitness of an applicant for peace officer positions only.  It would exclude from the definition of “employee” for the purposes of such act any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.  To become operative on July 1, 1974.
(See Exhibit #8)