Sen. Smallwood-Cuevas Introduces SB 16 to Empower Cities to Fight Discrimination Cases Locally
Senator Smallwood-Cuevas Proposes Legislation That Enables Californians to File Complaints in the Cities Where the Discrimination Happened
SACRAMENTO – Senator Lola Smallwood-Cuevas (D-Los Angeles) has introduced SB 16 – Local Enforcement of Fair Employment and Housing – that would provide authority to local civil and human rights departments to adjudicate workplace discrimination cases in partnership with the California Civil Rights Department. The bill would give a voice to all Californians who encounter discrimination by empowering them to file complaints with local departments in the cities where the discrimination occurred.
“Fighting against discrimination starts with our own cities stepping up to better protect workers and others from civil rights violations. But we have to empower our cities to do so,” said Senator Smallwood-Cuevas. “It is crucial that we modernize civil rights protections that address discrimination where individuals work and live. By putting more enforcement boots on the ground, we can allow local authorities to play a role in preventing and responding to discriminatory actions that occur in their own cities.”
The Fair Employment and Housing Act (FEHA) is the state statute that is the first line of defense for Californians to report claims of workplace and housing discrimination. But the pervasiveness of discrimination throughout the state make it difficult, if not impossible, for a single state agency to bear the sole responsibility of enforcement. Yet, localities are currently preempted from stepping in. SB 16 would allow local human and civil rights departments to enforce the state’s anti-discrimination protections.
Addressing workplace discrimination in the judicial system is too costly for most low-wage workers, especially Black workers who are more than twice as likely to file an employment discrimination complaint but have half the chance of finding remedies in the court system. Without local enforcement, employee complaints are going unaddressed.
“Too often low-wage workers who are subjected to discrimination find themselves faced with the dilemma of either quitting their jobs or continuing to suffer under unjust treatment,” said Senator Smallwood-Cuevas. “Our workers deserve better, as do their families and communities who depend on them.”
Empowering local governments to enforce workplace discrimination laws in partnership with the state agency is an effective solution to best protecting workers from civil rights violations. Cities have closer ties to their employers, positioning them to investigate complaints where the discriminatory act happened. As a result, those who experience discrimination can have their claims reviewed in a timelier manner, get back to work faster and recover lost wages. SB 16 would create cooperative partnerships between local departments and the state agency to better protect and embolden workers.
Lack of enforcement of anti-discrimination laws is a problem that is well documented, and if there were ever a time to reverse this pattern, it is now. SB 16 would do this by specifying that nothing in the FEHA restricts the ability of local agencies from enforcing the Act’s provisions. This will expand the number of statewide agencies that can actively address the problem of workplace and housing discrimination, helping to ensure equity for all Californians.
Senator Lola Smallwood Cuevas represents the 28th Senate District, which includes the communities of South Los Angeles, Culver City, West Los Angeles, Century City and Downtown Los Angeles. Senator Smallwood-Cuevas spent more than two decades serving as a labor organizer, civil rights activist and community advocate before her election to the State Senate. She resides in the View Park community of Los Angeles with her family.
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