Anti-Discrimination Laws Skirted Under CA Veterans' Preference Bill

MURRIETA, CA — State Senator Kelly Seyarto (R-Murrieta) has introduced a package of bills that aims to assist those who served, including legislation that would allow a private employer to establish hiring policies that give veterans' preference ahead of other job candidates — without violating anti-discrimination laws.

Under existing California law, it is illegal for an employer to discriminate against job candidates. However, both the state and federal government offer "veterans' preference" programs to assist former military personnel who seek government jobs. Additionally, tax benefits are offered to private businesses that hire veterans.

Under Seyarto's Senate Bill 73, the veterans' preference would expand. Under the proposal, a private employer could implement a hiring policy that would give preference to honorably discharged military personnel over other qualified applicants who did not serve.

Written into the bill is language designed to protect employers who want to hire veterans.

"This bill ... shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, the anti-discrimination provisions of [the California Fair Employment and Housing Act]," according to the text.

The legislation would, however, prohibit an employer from implementing a veterans' preference hiring policy for the purpose of discriminating against other applicants, according to the text. For example, the policy could not be established to discriminate against candidates of a certain race, religion, marital status, gender identity, etc.

The U.S. Department of Veterans Affairs would be required to assist private employers in determining whether an applicant is a veteran, the bill states.

"SB 73 allows businesses to establish Veteran-friendly hiring practices without fear of legal action and empowers them to give back to those who have sacrificed so much in service of our nation," Seyarto said in a released statement. "California is home to approximately 31% of our nation’s homeless Veteran population, the highest in the country. We need to pass practical policies that help our heroes."

Senate Bill 73 was introduced Jan. 18 and was referred to committee.

Seyarto also introduced Senate Bill 82 as part of the package. If passed, the legislation would establish universal standards among California counties for the Disabled Veterans' Exemption.

Veterans who suffered service-related injuries and are deemed 100% disabled by the Veterans Administration qualify for a property tax exemption. However, California's county assessors each have their own standards when determining proof of disability, which has caused confusion and acted as a barrier for veterans trying to access the tax exemption, according to Seyarto.

"Our disabled Veterans have earned a property tax exemption, and this bill will remove some of the hurdles they face in collecting this benefit," Seyarto said in a released statement. "SB 82 is a simple fix that assists our Veterans and cuts through bureaucratic red tape."

Senate Bill 82 was introduced Jan. 25 and was also referred to committee.

In addition to the two bills, Seyarto said he will introduce a resolution to recognize August 7, 2023, as Purple Heart Day in California in honor of service members and veterans injured or killed by enemy actions in service to the country.

Seyarto represents California's 32nd Senate District, which includes the cities and communities of Aguanga, Anza, Borrego Springs, Canyon Lake, Cathedral City, Chino Hills, Corona, Desert Edge, Desert Hot Springs, El Sobrante, French Valley, Good Hope, Hemet, Homeland, Idyllwild, Julian, La Cresta, Lake Elsinore, Lake Mathews, Lakeland Village, Menifee, Mead Valley, Meadowbrook, Murrieta, Norco, Palm Springs, Sage, Sky Valley, Riverside, Temecula, Temescal Valley, Thousand Palms, Valle Vista, Whitewater, Wildomar, Winchester, Woodcrest and Yorba Linda.