Legislative record

Civil Rights Department.

Existing law establishes the Civil Rights Department to administer and enforce various laws relating to civil rights, including the California Fair Employment and Housing Act. Existing law requires certain private employers to annually submit a pay data report to the department that includes, among other information, the number of employees by race, ethnicity, and sex, as specified, and, within each job category, for each combination of race, ethnicity, and sex, the median and mean hourly rate. Upon request from the Civil Rights Department, existing law requires a court to impose a civil penalty not to exceed $100 per employee upon any employer who fails to file the required report and not to exceed $200 per employee upon any employer for a subsequent failure to file the required report. This bill would increase the penalty for subsequent failures to file the report described above to an amount not to exceed $1,000 per employee. Existing law authorizes the department to develop, publish on an annual basis, and publicize aggregate reports based on the data obtained pursuant to their authority under this section, provided that the aggregate reports are reasonably calculated to prevent the association of any data with any individual business or person. This bill would require the department to annually publish the number of total pay data reports submitted, as provided and specified.