Civil Rights

SAN FRANCISCO — California Attorney General Rob Bonta today delivered remarks on California Department of Justice’s preparations to protect California’s values, people, and natural resources ahead of a second Trump Administration. To view a recording of the press conference, please visit here. 

Attorney General Bonta's Remarks as Prepared for Delivery:

As the reality of a second Trump Administration takes hold, I know there is a great deal of fear, sadness, anxiety, and panic. 

I understand. 

I’m here today to reassure you that in California, progress will prevail. 

No matter who is in the White House, no matter who holds control of Congress, in California we will keep moving forward. 

In California, we will choose calm over chaos. 

Fact over fiction.

Belonging over blame.

Unity over division. 

“Us and we” over “I and me.” 

It’s why we’re the 5th largest economy in the world. Not in spite of our commitment to workers, consumers, and the environment, because of it. 

Because we’re the largest and most diverse state in the nation.

Because we believe in the power of inclusivity.

Because we believe in truth over lies. Hope over hate. Light over dark.

Because  we believe in looking forward.

It’s who we are in the Golden State. It’s in our DNA. Nothing and no one can change that. 

As Attorney General, I’ll continue to use the full force of the law and authority of this office to address injustice. 

To stand up for all people, especially those who have long been overlooked and undervalued.

To safeguard reproductive rights. 

And advocate for more housing — especially more affordable housing for lower and middle-income families just trying to get by.

I’ll continue to take on greedy corporate giants and fight for more affordable gas, groceries, and everything in between.  

I’ll continue to defend our world-renowned natural resources and protect them for generations to come. 

Continue to fight for clean water to drink and clean air to breathe.

Continue to crack down on illicit guns on our streets and get fentanyl out of our neighborhoods. 

Continue to fight for workers.

I’ll continue to protect, defend, and serve every single Californian. No matter your politics. 

I’m here to ensure every person — no matter how they look, how much money they make, where they’re from, who they love, how they identify, or how they pray — can pursue their version of the California Dream. 

A fair wage and good benefits.  

A safe and affordable place to live.  

Affordable and accessible health care. 

Good schools to send our kids to. 

Safe neighborhoods to raise our families. 

That’s my promise to you, no matter who is in the White House.  

We’ve been here before.

We lived through Trump 1.0. 

We know what he’s capable of. 

We know what plans he has in store. 

The silver lining is just that: we know. 

We know to take Trump at his word when he says he’ll roll back environmental protections, go after our immigrant and LGBTQ+ communities, attack our civil rights, and restrict access to essential reproductive care.

Which means, we won’t be flat-footed come January.

You can be sure that as California Attorney General, if Trump attacks your rights: I’ll be there. 

If Trump comes after your freedoms: I’ll be there. 

If Trump jeopardizes your safety and well-being: I’ll be there.

California DOJ did it before and we’ll do it again.  

During the last Trump Administration, California DOJ fought to stop illegal rollbacks and proposals that would’ve harmed the well-being, health, safety, and civil rights of our people and of people across the country. 

That would have caused irrevocable damage to our environment.

No matter who is in charge of the federal government…

No matter what the incoming Administration has in store… California will remain the steadfast beacon of progress it has long been.  

A constant, unwavering, immoveable force to be reckoned with.  

We’ll continue to be a check on overreach and push back on abuse of power. 

Be the antidote to dangerous, extremist, hateful vitriol.

Be the blueprint of progress for the nation to look to.

Remember: in moments of chaos in D.C., you can always look to California for calm resolve. 

California leaders across the state are ready to stand arm-in-arm. 

Governor Newsom and every single Constitutional Officer;  

Senator Padilla and Senator-elect Schiff;  

Democratic members of Congress; 

Pro Tem McGuire, Speaker Rivas, and the California Legislature; 

Mayors, supervisors, and city councilmembers from San Francisco to San Diego are ready to fight for our California values. 

For our people. For our environment.

For progress and justice.

And as necessary, we’re ready to take on the challenges of a second Trump Administration — together.

While a great deal of change is on the horizon…

California’s path to progress remains full steam ahead.

It may not always be linear. Progress so rarely is. 

It zigs and zags. Takes frustrating detours. Inches forward and backward and forward again. 

The detours and setbacks don’t define our progress.

Our commitment to forward momentum defines our progress. Defines us. 

It’s what we do next that will define us. 

If you’re feeling despondent today, remember that you’re not alone. 

In California, we’re not looking back. We’re not moving back. 

We’re California! We’ll meet any challenges head on and rise to the occasion.

As is so often said, as California goes, so goes the nation.

In the days and months and years to come, all eyes will look west. 

In California, they’ll see: we’re still moving forward.

Thank you. 

Alert includes resources for wage theft and worker misclassification

OAKLAND — Ahead of Labor Day, Attorney General Rob Bonta issued a consumer alert, warning California workers to be on the lookout for employers who abuse their power and engage in labor trafficking, wage theft, and worker misclassification. Labor trafficking is a crime where perpetrators target vulnerable communities for the purpose of profiting from the control and exploitation of vulnerable individuals for labor through force, fraud, duress, or coercion.

"Labor trafficking is a crime that involves forcing or coercing people to perform labor or services. This Labor Day, and all days, I urge Californians — especially those in domestic service, and the agricultural, hospitality, and construction fields — to be aware of the signs of labor trafficking and speak up if you or someone you know is being exploited at work," said Attorney General Bonta. "Californians of all legal statuses must be treated with dignity on the job — California law generally prohibits law enforcement authorities from asking individuals, including those who are reporting or are victims of potential crimes, about their immigration status. As the People's Attorney, I am proud to use the full weight of my office to protect our most vulnerable workers from abuse and exploitation."

Labor Trafficking

Labor trafficking involves the deprivation of a worker’s liberty, with the intention of obtaining forced labor. It can include the recruitment, harboring, or transportation of people for labor services, through the use of force, fraud, duress, or coercion. People who experience labor trafficking receive little or no pay for their work. Traffickers can use coercive tactics such as destroying or withholding legal documents to prevent workers from leaving and can force people to work claiming a worker owes a debt to the trafficker. 

Labor trafficking can occur in homes and workplaces and arises in many fields of work, including domestic service, restaurant work, janitorial work, factory work, migrant agricultural work, the cannabis industry, and construction.  One in five people who experience labor trafficking work in private homes, which is why their trafficking often goes undetected.

Labor trafficking is often perpetrated by traffickers who are of the same cultural origin and ethnicity as the people who are trafficked, which can allow traffickers to use class hierarchy and cultural power to ensure compliance. Traffickers are known to tell workers that they will not be believed if they go to the authorities, that they will be deported from the United States, and that they have nowhere to run. Traffickers isolate workers and teach workers to trust no one but the traffickers, so workers are often suspicious of genuine offers to help. Trafficked workers often are required to live in unsanitary and overcrowded living and working conditions.  Detecting labor trafficking can be challenging. For a list of potential indicators of labor trafficking to help you recognize the signs, please visit here.

If you or someone you know is being forced to engage in any activity and cannot leave — whether it is commercial sex, domestic service, farm work, construction, factory, retail, or restaurant work, or more — you can call the National Human Trafficking Hotline at 1-888-373-7888 to access help and services. If you or someone else is in immediate danger, call 9-1-1.

It is important to remember that California law prohibits law enforcement authorities from asking individuals, including those who are reporting or who experience crimes, about their immigration status unless the information is necessary to certify the victim for a U visa (victim of crime visa) or T visa (victim of human trafficking visa).

If you need help, you can reach out to the California Department of Justice's Victims' Services Unit by callling 1-877-433-9069, visiting oag.ca.gov/victimservices, or emailing VictimServices@doj.ca.gov. Additional support may be found through local authorities and various organizations, including: 

National Human Trafficking Hotline

• Find them online at https://humantraffickinghotline.org/ (Online Chat Available);
• Text 233-733 (Be Free); or
• Call 1-888-373-7888. 

The Victims of Crime Resource Center

• Find them online at https://1800victims.org/ (Online Chat Available);
• Text or call 1-800-842-8467; or
• Email 1800VICTIMS@pacific.edu.

Additional Resources

Resources such as emergency food and shelter, legal services, and health services can be found on your city or county websites. For those who have experienced a violent crime, the California Victim Compensation Board can help cover related bills and expenses.

Wage Theft

Wage theft occurs when an employer does not pay workers’ wages for what they are owed. Historically, wage theft and other crimes against workers have not been prosecuted and instead were treated as civil matters with enforcement by labor departments. However, intentionally withholding wages from workers is a crime. When this occurs, an employer often denies workers fundamental legal rights such as fair compensation, breaks, and overtime pay. From 2014 to 2023, California workers lost an average of $2.3 to $4.6 billion from not being paid the minimum wage. Workers with the greatest chance of experiencing wage theft include garment workers, maintenance workers, restaurant workers, domestic workers, care home workers, construction or day laborers, car wash workers, and other low-wage workers.

Common examples of wage theft include:

• Being paid less than minimum wage per hour
• Not being allowed to take meal breaks, rest breaks, and/or preventative cool-down breaks
• Not receiving agreed-upon wages (this includes overtime on commissions, piece rate, and regular wages)
• Owners or managers taking tips
• Not accruing or not allowed to use paid sick leave
• Failing to be reimbursed for business expenses
• Not being paid promised vacations or bonuses
• Having unauthorized deductions from paycheck
• Not being paid split shift premiums
• Bounced paychecks
• Not receiving final wages in a timely manner
• Not receiving Reporting Time Pay
• Unauthorized deductions from your pay
• Failure to provide timely access to personnel files and payroll records

If you have experienced wage theft you can report to law enforcement and file an online wage claim with the Labor Commissioner's Office here. If you need advocate assistance with your wage claim, please refer to the following list of community organizations.

Misclassification

Misclassification of workers occurs when an employer improperly classifies their employees as independent contractors so that they do not have to pay payroll taxes, minimum wage or overtime, or comply with other wage and hour law requirements such as providing meal periods and rest breaks. “Employees,” unlike “independent contractors,” are entitled to a wide range of rights, benefits, and protections under California law, including workers’ compensation coverage if injured on the job, the right to family leave, unemployment insurance, the legal right to organize or join a union, and protection against employer retaliation.

To report the misclassification of an employee as an independent contractor, please visit the Labor Commissioner's Office here.

Attorney General Bonta is committed to defending workers' rights and investigating and prosecuting labor trafficking and wage theft. Through the Civil Rights Enforcement Section, the Worker Rights and Fair Labor Section, and the Antitrust Law Section, Attorney General Bonta enforces California’s laws to protect the welfare of California workers and legitimate businesses operating in California.

In June 2022, Attorney General Bonta announced the guilty verdicts of three members of the Gamos Family for human trafficking and labor-related charges, as well as a guilty plea by the fourth member of the family. The four individuals committed these crimes while operating Rainbow Bright, an adult residential and childcare company in the Bay Area. The defendants targeted members of the Filipino community, many of whom were recent immigrants to the United States, for human trafficking and wage theft. The defendants trafficked many of the victims using threats of arrest and deportation, and false promises to assist with immigration. In February 2023, Attorney General Bonta announced the prison sentences for three members of the Gamos Family.

To learn more about labor trafficking, please visit here. 

Gender-based price differences for similar consumer products are illegal in California

OAKLAND — Today, on Women’s Equality Day, California Attorney General Rob Bonta issued a consumer alert, reminding Californians of their rights under AB 1287, which prohibits businesses from charging different prices for substantially similar goods based on the gender of the product’s target audience — a practice known as the “Pink Tax” when used to charge women higher prices than men for essentially the same goods. On average, products marketed to women cost 7% more than those marketed to men and as much as 13% more for personal care products. AB 1287, authored by Assemblymember Rebecca Bauer-Kahan (D-Orinda), went into effect on January 1, 2023, and is enforceable by Attorney General Bonta. If you have seen or been a victim of gender-based price differences that you believe violate the law, please file a complaint at oag.ca.gov/report.

“The Pink Tax is a sexist practice that is illegal in California. Women, especially Black and Latinx women, are paid less than their white, male counterparts in the same roles, yet have to spend more than men to buy very similar products,” said Attorney General Rob Bonta. “California consumers have the right to shop without fear of discrimination. I encourage consumers to be aware of their rights under California’s Pink Tax Law and to file a complaint if they believe there have been violations of this law.”

“It has been two years since the passage of AB 1287 and it is very exciting to see the work Attorney General Bonta is doing to guarantee consumers rights under California’s Pink Tax Law. Unequal prices for women translate to impacts for their own financial wellbeing as well as that of their families. This also exacerbates the already-existing gender gap in financial inequality," said Assemblymember Rebecca Bauer-Kahan. "Around 80 percent of product volume is gender-targeted. This type of arbitrary gendered pricing has no place in California. Closing these unnecessary and burdensome gaps is an important step toward gender equality.”  

“Women are still earning less than our male counterparts, and the fact that some companies may continue charging more for a product simply because it is marketed to women is a sexist penalty that is now illegal,” said Darcy Totten, Interim Executive Director of the California Commission on the Status of Women and Girls. “The Commission is proud to have cosponsored AB 1287 to put an end to arbitrary price differences for everyday products and encourage anyone who has been a victim of gender-based price differences to file a complaint. We are grateful to Attorney General Rob Bonta for issuing a Consumer Alert to help ensure that women and girls in our state know their rights as we collectively remove one of the last pillars of commercial gender discrimination to ensure women equal access to products without paying a “tax” for their gender.” 

In passing California’s Pink Tax Law, the Legislature cited considerable evidence of the existence of the “Pink Tax,” including a 2015 study showing that girls’ or women’s products cost more than similar products for boys or men 42% of the time.

Some examples of products where gender-based pricing may be found include:

• Toys and accessories (e.g., pink vs. red bikes and scooters, pink vs. blue helmets, arts and crafts)
• Children’s clothing
• Adult clothing
• Personal care products (e.g., hair care products, razors and razor cartridges, lotions)
• Senior/home health care products (e.g., personal urinals, supports and braces, canes)  

AB 1287 does not prohibit charging different prices for goods that are seemingly alike, but different for reasons that do not have to do with gender-based marketing. These reasons include differences in: 

• The amount of time to manufacture the goods
• Difficulty of manufacturing the goods
• Cost incurred to manufacture the goods
• Labor used to manufacture the goods
• Materials used to manufacture the goods

Women make up as much as 85% of consumer purchases in the United States — they also face higher prices for seemingly neutral products like mortgage rates. Compounded by the gender pay gap, unequal pricing translates into unjust and harmful financial impacts for women and their families. Wealth inequality disproportionally affects women and women of color. Women earn approximately 82% of what men earn. For every 1 dollar earned by white men, Latinx women earn 65 cents. AB 1287 disrupts this cycle by holding those who still charge the Pink Tax accountable. Because the Attorney General has enforcement authority for violations of California’s Pink Tax Law, it is important that we hear from the public about potential violations of the law.

If you have seen or experienced gender-based price differences that you believe violate the law, please file a complaint at oag.ca.gov/report.

For more information on AB 1287, California’s Pink Tax Law, please visit oag.ca.gov/ab1287. 

A copy of the consumer alert can be found here.  

OAKLAND – California Attorney General Rob Bonta today joined a multistate coalition of 18 attorneys general in an amicus brief before the Fifth Circuit Court of Appeals in Texas v. U.S. Department of Homeland Security. The brief supports President Biden’s Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV Parole Program). The CHNV Parole Program offers qualified individuals from those four countries an opportunity to apply for advance travel authorization and to be considered on a case-by-case basis for temporary humanitarian parole of up to two years, which includes employment authorization. In the amicus brief, the coalition underscores the states’ interest in upholding the federal government's discretionary power to allow certain migrants entry or immigrants to stay in the country on humanitarian grounds. The brief urges the court to leave the CHNV Parole Program in place.

“In California, we believe that migrants escaping violence should be treated with compassion and dignity, and immigration parole programs are a crucial part of a just and secure immigration system,” said Attorney General Bonta. “The Biden Administration’s CHNV Parole Program provides safe pathway to apply for protection for Cuban, Haitian, Nicaraguan, or Venezuelan migrants fleeing violence and upheaval. We urge the court to uphold this program that creates orderly processes for people fleeing humanitarian crises to lawfully reach the United States." 

The federal executive branch has, since the Eisenhower Administration, exercised its authority under the Immigration and Nationality Act to parole migrants into the United States for humanitarian and other purposes. Parole provides a safe, legal, and orderly pathway for individuals to join their families and seek protection in the United States. The lawsuit, led by Texas, threatens to undermine the federal government’s ability to launch crucial programs that assist migrants fleeing unstable circumstances in their home countries to enter the United States.

In the amicus brief, the coalition asserts:

• Immigrants are key contributors to state economies, parole recipients fill critical positions in industries with labor shortages, and enjoining the program would foreclose these benefits.
• Enjoining the parole pathways would separate families and subject parolees to danger by forcing them to return to the dangerous conditions from which they fled.
• The plaintiffs incorrectly argue that the parole pathways increase crime and impose costs on states, when evidence suggests they will likely decrease both crime and costs to states for law enforcement, healthcare, and other services.

In submitting the amicus brief, Attorney General Bonta joins the attorneys general of New York, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Vermont, and the District of Columbia

A copy of the amicus brief is available here. 

OAKLAND — Joining a coalition of 18 attorneys general, California Attorney General Rob Bonta today filed an amicus brief in support of the U.S. Department of Housing and Urban Development’s (HUD) Discriminatory Effects Rule. The rule was adopted by HUD to implement the federal Fair Housing Act (FHA), which aims to root out racial and other forms of prohibited discrimination from housing and housing-related services. Currently being challenged by the insurance industry, the Discriminatory Effects Rule says insurers and other parties are liable for housing practices that may appear neutral but in reality are discriminatory and have a “disparate impact” on certain populations.

“Housing discrimination is no longer what it once was: explicit and obvious for all to see. Instead, housing discrimination remains alive and well in mostly implicit ways. The U.S. Department of Housing and Urban Development’s rule recognizes that unfortunate reality and empowers individuals to do something about it,” said Attorney General Bonta. “I fully support the Biden Administration as it defends the rule in court. At the California Department of Justice, we are committed to eliminating racial, ethnic, and other unlawful disparities in housing and every other aspect of society.”  

In the amicus brief, Attorney General Bonta and other members of the coalition argue that: 

• Despite the enactment of the FHA, vestiges of residential segregation persist in American social life, and the discriminatory effects doctrine, including disparate-impact liability, is a crucial tool to fight ongoing housing discrimination — whether intentional or unintentional.
• Discrimination in homeowner’s insurance can take many forms — such as offering insurance policies with inferior coverage, ignoring interested customers, and imposing different terms and conditions based on neighborhood — and disparate-impact claims have helped to redress discrimination in the homeowner’s insurance market. 
• For instance, Black plaintiffs recently brought a class action lawsuit against State Farm for its use of algorithms that “allegedly resulted in statistically significant racial disparities in how the insurer processed claims.” According to the plaintiffs, Black claimants had to wait longer to receive payouts as compared to white claimants. The court ruled in the plaintiffs’ favor, finding that they successfully stated a disparate-impact claim under the FHA. 
• State law does not categorically shield homeowner’s insurers from federal disparate-impact liability. Indeed, federal law and state law work together to prohibit both intentional and disparate-impact discrimination.
• The availability of a disparate-impact claim under the FHA was reinforced by the U.S. Supreme Court’s 2015 decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.

After the insurance industry challenged the rule, the U.S. District Court for the District of Columbia granted summary judgment in favor of HUD. The insurance industry has appealed the decision to the U.S. Court of Appeals for the District of Columbia. In filing today’s amicus brief, Attorney General Bonta joins the attorneys general of Arizona, Colorado, Delaware, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, and the District of Columbia. 

A copy of the amicus brief can be found here.

State of Pride Report highlights DOJ’s actions to defend and expand civil rights of the LGBTQ+ community in spite of ongoing threats to justice and equality, includes new LGBTQ+ hate crimes data 

OAKLAND — Today, in honor of LGBTQ+ Pride month, California Attorney General Rob Bonta issued a new “State of Pride Report” highlighting the California Department of Justice’s (DOJ) recent actions to support, uplift, and defend the rights of LGBTQ+ communities across California and beyond. Pride Month is a time to celebrate the beautiful strength and diversity of LGBTQ+ communities, as well as to reflect on the struggles, sacrifices, and historic accomplishments of the LBGTQ+ civil rights movement. Despite the immense progress that has been achieved, more work remains to be done. Amidst alarming and increasing attacks on LGBTQ+ communities — from far-reaching book bans to states across the nation pushing discriminatory policies — DOJ remains steadfast in its commitment to fight alongside LGBTQ+ communities in pursuit of justice and equality.

“I stand in solidarity with our LGBTQ+ community this Pride Month and every month. Regardless of how you identify or who you love, everyone deserves to be safe, healthy, prosperous, and celebrated for who they are,” said Attorney General Bonta. “Today’s report shows the California Department of Justice’s continued commitment to defending, expanding, and advancing LGBTQ+ rights. It also highlights the work that remains to be done to ensure equality and promote the rights and well-being of LGTBQ+ individuals and their communities. As the People’s Attorney, I’m proud to celebrate the beautiful diversity of our LGBTQ+ communities and recommit to fighting alongside them.”

Key data points in the State of Pride Report depict the reality of hate crimes and discrimination against LGBTQ+ individuals: 

• In 2023, 2.8 million people in this state identified as lesbian, gay, bisexual, or transgender — the largest number of any state in the nation at 9.5%.
• Data reported to DOJ in 2023 shows that between 2022 and 2023, there were 405 reported hate crime events motivated by sexual orientation bias (an increase of 4.1% from the previous year), 76 hate crime events motivated by anti-transgender and anti-gender-nonconforming bias (an increase of 7.04% from the previous year), and 151 hate crime events motivated by anti-LGBTQ+ bias (an increase of 86.4% from the previous year).
• In 2023 alone, more than 500 anti-LGBTQ+ bills were introduced in U.S. state legislatures — a record-breaking number, and nearly three times higher than the count from 2022, which was the previous record.
• The Federal Bureau of Investigation’s most recent annual crime report showed a nearly 14% increase in reports of hate crimes nationally based on sexual orientation and a nearly 33% increase in reports of hate crimes nationwide based on gender identity.
• In 2023, a total of 21 bills requiring forced outing in schools by teachers and school staff were introduced in state legislatures across the U.S., and so far in 2024, 59 such bills have already been introduced in multiple states.

The State of Pride Report presents detailed insights into DOJ’s latest initiatives to confront hate crimes and discrimination against LGBTQ+ individuals. The report emphasizes the importance of the Attorney General’s Hate Crime Rapid Response Protocol, which equips local law enforcement with the essential resources to efficiently handle significant hate crimes and extremism. Furthermore, DOJ is committed to combating discrimination in classrooms, sports, healthcare, and public spaces. The report focuses on DOJ’s work to cultivate safe environments for LGBTQ+ students free from bullying, enable transgender athletes to participate in sports aligned with their gender identity, offer LGBTQ+ individuals access to gender-affirming healthcare, and advocate for inclusive public business accommodations, irrespective of sexual orientation or gender identity.

The State of Pride Report also underscores the ongoing adversities LGBTQ+ individuals face in California and nationwide. Despite considerable progress, many LGBTQ+ individuals still experience discrimination, harassment, and violence in their daily lives. Transgender individuals are especially vulnerable, facing high rates of poverty, unemployment, and homelessness. These challenges demonstrate the need for ongoing protective efforts to uphold and expand LGBTQ+ individuals’ rights, enable all individuals to live free from discrimination and violence, and collaborate toward creating a more just and inclusive society.

Attorney General Bonta is committed to defending the rights of the LGBTQ+ community. On August 28, 2023, he announced a lawsuit to immediately halt the enforcement of the Chino Valley Unified School District Board of Education’s (Board) mandatory gender identity disclosure policy and, on October 19, 2023, he secured a preliminary injunction enjoining the policy. Attorney General Bonta subsequently filed a motion for final judgment to ensure that the Board does not reenact or implement their forced outing policy. Earlier this year, he issued two legal alerts addressed to all California county, school district, and charter school boards and superintendents: one warning them against forced gender identity disclosure policies, and the other emphasizing their obligation to provide inclusive curricula, instructional materials, and books that reflect the roles and contributions of California’s diverse population. He also commended a district court’s decision upholding a state law that provides legal protections for families who come to California to obtain gender-affirming care that is inaccessible where they live, as well as doctors and staff providing such care in California.

The State of Pride Report can be accessed here. For additional information on hate crimes please visit here.

OAKLAND — California Attorney General Rob Bonta, New Jersey Attorney General Mathew J. Platkin, and Pennsylvania Attorney General Michelle A. Henry today led a coalition of 16 attorneys general in filing a multistate amicus brief in the Western District of Louisiana in support of the U.S. Department of Education’s 2024 Title IX Final Rule amidst several lawsuits filed by Republican states attorneys general and groups seeking to undermine the rule’s enhanced protections. The final rule restores strong protections against sexual harassment and assault and reinforces critical protections for LGBTQ+ students. Today’s announcement comes shortly after the California Department of Justice filed a motion to dismiss without prejudice its lawsuit against the Trump administration's Title IX Rule that severely weakened prohibitions against sex-based discrimination in light of the Biden administration’s issuance of the final rule. In today’s amicus brief, the multistate coalition stresses the importance of implementing the new rule nationwide to ensure that our schools operate free from sex discrimination.

“Title IX has been vital to providing safe and welcoming schools for all students since its enactment in 1972, and the Biden administration’s final rule enhances safeguards against discrimination and protections for all students,” said Attorney General Bonta. “Today’s brief is a testament to our commitment to ensure an equal education free from discrimination. Conservative attacks on policies that protect students across the nation will not stand. I will continue to use all of my resources to fight for these important protections for all students.”

Title IX of the Education Amendments of 1972 requires that students receive an educational environment free from discrimination based on sex, including sexual harassment and sexual violence. Following the Biden administration’s issuance of the final rule, several conservative attorneys general moved to quickly file lawsuits challenging the rule, and sought to stop the rule from going into effect on August 1, 2024. In today’s brief, the coalition states cite protecting students from discrimination on the basis of sex dramatically improves economic, psychological, health, employment, and educational outcomes for these individuals, yielding broad benefits without imposing significant costs on schools or compromising student privacy or safety. 

In filing the amicus brief, Attorney General Bonta is joined by the attorneys general of New Jersey, Pennsylvania, Colorado, Delaware, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.

A copy of the amicus brief is available here.

OAKLAND — California Attorney General Rob Bonta today submitted a comment letter in support of a proposed rule by the U.S. Department of Housing and Urban Development (HUD) that would reduce barriers to HUD-assisted housing for individuals with past involvement in the criminal-legal system (justice-involved individuals). According to HUD, nearly a third of adult Americans have a criminal record. In California alone, approximately eight million individuals have some form of criminal record. In today’s comment letter, Attorney General Bonta underscores that affordable housing is vital to the successful reentry of justice-involved individuals and reducing recidivism. He also urges HUD to make several changes to the proposed rule to strengthen its effectiveness.   

“Reducing barriers to affordable housing is critical, particularly for those in our communities who have experienced interactions with the criminal justice system. Current research shows that these justice-involved individuals — who are disproportionately Californians of color — struggle to find housing, and too often, end up homeless,” said Attorney General Bonta. “We cannot ignore this reality; we must face it head on. At its core, the Biden Administration’s proposed rule seeks to promote second chances, and I am proud to support it.”

HUD-assisted housing includes both HUD-subsidized housing (e.g., payments to Public Housing Agencies to develop and operate housing for low-income families) as well as housing choice vouchers (e.g., rental subsidies to low-income renters in the private market). There are over half-a-million HUD-subsidized housing units in California, housing nearly one million low-income individuals and families. Over 300,000 households use housing choice vouchers to rent their homes in California. 

In the comment letter, Attorney General Bonta explains that the proposed rule balances justice-involved individuals’ need for safe, affordable housing with housing providers’ interest in maintaining the safety of their tenants and staffs. Specifically, he writes that:

• The proposed rule would generally prohibit consideration of a criminal activity that occurred more than three years prior to an application — a so-called "lookback period" — which is consistent with research showing that recidivism rates and the risk of future criminal activity decrease over time and with age, especially in households receiving housing subsidies. This provision also gives housing providers the flexibility to craft longer lookback periods where empirical evidence demonstrates that this is necessary to ensure the health and safety of tenants or property employees.
• The proposed rule states that determinations of criminal activity must satisfy a preponderance of the evidence standard. This provides clear guidance to housing providers making admission, program termination, and eviction decisions. It also promotes fairness by requiring that housing providers meet the same evidentiary standard that is required in most civil housing matters.
• The proposed rule’s support for state and local innovation in reducing barriers to housing in the Public Housing and Section 8 Housing Choice Voucher Programs is critical. 

In the comment letter, Attorney General Bonta also recommends that HUD adopt the following changes: 

• Clarify the proposed rule’s preemption language to promote greater compliance with, and ensure the effectiveness of, California’s strong legal protections in this area. Advocates have raised concerns about housing providers’ reluctance to follow California laws that provide additional housing protections for justice-involved people. Although the proposed rule states that it generally does not preempt state and local laws that provide additional protections, further clarity will help both tenants and housing providers. 
• Expand the proposed rule to also exclude, in addition to arrest records, the use of non-conviction records; juvenile records; records of service calls to law enforcement; and conviction records where the person has obtained an expungement, pardon, or other post-conviction relief in housing decisions, as California law provides.
• Expand the proposed rule’s lookback, procedural protections, and individualized assessment provisions to include, in addition to public housing operated by Public Housing Authorities, owners in the Section 8 Housing Choice Voucher and Project-Based Voucher Programs.
• Clarify that individualized assessment is required in eviction and termination decisions, not only admissions decisions. Individualized assessments take into account relevant information beyond that contained in a criminal record.
• Require individualized assessment where automated decision-making tools such as artificial intelligence and algorithms are used to help make housing decisions.

Attorney General Bonta has been committed to ensuring equal access to housing. On April 13, 2023, he issued guidance to California cities and counties directing them to review and modify, or repeal, their crime-free housing policies to ensure compliance with federal and state civil rights laws. On February 7, 2024, he issued updated guidance outlining cities’ and counties’ obligations under the recently enacted Assembly Bill 1418 (AB 1418). Authored by Assemblymember Tina McKinnor (D-Inglewood), AB 1418 prohibits local governments from, among other things, enacting ordinances, regulations, and rules that impose penalties on tenants and landlords solely for contacts with law enforcement. It is the first law in the nation that regulates crime-free housing programs. 

A copy of the comment letter can be found here.

OAKLAND – California Attorney General Rob Bonta today announced that the California Department of Justice (DOJ) has entered into a proposed stipulated judgment with the Redlands Unified School District (District) to address critical and systemic shortfalls in the District's policies and practices regarding their response to allegations and complaints of sexual harassment, assault, and abuse of students. The stipulated judgment is the result of a comprehensive civil rights investigation into the District’s handling of these complaints. The investigation followed concerning reports raised in a number of high-profile cases involving sexual abuse of minor students by the District’s personnel, several of whom have been convicted of related offenses.  

DOJ’s investigation found that the District systemically violated laws in place to protect against and address complaints related to sexual assault, harassment, and abuse, including Title IX, the Child Abuse and Neglect and Reporting Act (CANRA), and provisions of the California Education Code. As part of the stipulated judgment, the District is permanently enjoined against violation of these laws, is subject to a minimum of five years of oversight by the court and Attorney General and is required to undertake wide-ranging reforms to ensure that the District responds in a legally adequate manner to promptly prevent, stop, and remedy sexual harassment, assault, or abuse on its campuses. 

“As a parent, and as Attorney General, protecting our kids is my most important job,” said Attorney General Bonta. “It is absolutely unacceptable that any child should be put at risk of sexual harassment or abuse while at school, where they should be free to learn and grow in a safe and supportive environment. California law guarantees each and every child the right to a public education free from sexual harassment, assault, and abuse, and today's stipulated judgment holds Redlands Unified accountable for failing to abide by the laws in place to protect our kids. We are committed to working with Redlands Unified as they take these crucial and necessary steps to expediently institute wide-ranging reforms to better protect students. At the California Department of Justice, we're committed to protecting all Californians, especially our most vulnerable, from sexual harassment, assault, and abuse."  

“The Redlands Unified School District commends the Department of Justice for their thorough review and collaborative efforts in finalizing this agreement,” said Juan Cabral, Redlands Unified School District Superintendent. “The District is fully committed to complying with the terms of the judgment. We take the findings seriously and are dedicated to making necessary improvements to ensure a safe and equitable learning environment for all students and staff as this continues to be our number one priority. We are actively working with the Department of Justice to implement the agreed-upon measures, as well as continue the many safety practices the District implemented prior to this agreement. We are optimistic about the positive changes these efforts will bring to our students, staff and community.”

The settlement is the result of a DOJ investigation, which was expanded in October 2022, to determine whether the District’s policies and practices follow laws that protect students from sexual assault, harassment, and abuse. DOJ found systemic deficiencies in the District’s efforts to prevent and respond to notice and allegations of sexual harassment, assault, and abuse of students participating in its educational programs and activities.

Specifically, that the District has failed to follow laws and regulations that require it to:

• Designate, provide appropriate oversight authority to, and train a compliance coordinator and/or Title IX Coordinator responsible for ensuring the District’s compliance with laws and regulations related to preventing and responding to notice and allegations of sexual harassment, assault, and abuse of students, and ensure that the Title IX Coordinator and/or compliance coordinator carries out their duties.
• Respond in a legally adequate manner to notice or allegations of sexual harassment, assault, and abuse of students.
• Promulgate legally adequate procedures and policies governing the District’s response to notice and allegations of sexual harassment, assault, and abuse of students.
• Properly disseminate and post its notice of nondiscrimination and written policy on sexual harassment.

To address the systemic concerns, DOJ and the District worked cooperatively on an extensive five-year plan memorialized in a stipulated judgment that enjoins the District from violating any law or regulation and requires the District to, among other things:

• Hire, train, and provide appropriate oversight authority to an Assistant Superintendent of Compliance and Sexual Harassment Prevention to investigate and resolve complaints and establish prevention systems.
• Develop an electronic centralized tracking and response system/database for all oral and written reports and complaints of sexual harassment, abuse, and assault, including those submitted anonymously. 
• Provide DOJ all oral and written complaints regarding sexual harassment, assault, and abuse and the District’s responses to all oral and written complaints for DOJ to review to ensure legal compliance.
• Revise policies and procedures for responding to notice or complaints of sexual harassment, assault, or abuse to comply with law and regulation.
• Provide compensatory education and mental health services to victims.
• Provide age-appropriate annual training to students and parents on how to report sexual assault, harassment, and abuse and their right to a prompt and effective response and a discrimination-free school environment.
• Provide annual training to staff and investigators regarding their duties to address reports of sexual assault, harassment, and abuse. 
• Provide an anonymous Climate Survey at the end of each academic semester to assess students’ experiences with sexual harassment, assault, and abuse and use the results to further strengthen prevention and response.
• Establish a School Climate Advisory Committee that will study the District’s efforts to prevent and respond to sexual harassment, abuse, and assault and make recommendations to the District for improving those efforts.
• Provide timely proof of compliance with all provisions of the judgment to DOJ to establish compliance.
• Provide DOJ with an affirmation from all District administrators, including the Superintendent, that they understand and will follow the requirements of CANRA.
• Implement an auditing process at schools to ensure that all required notices, policies, and posters informing students and staff about their rights and responsibilities are in all required locations.

A copy of the stipulated judgment is available here. A copy of the complaint filed with the court is available here.

OAKLAND – California Attorney General Rob Bonta today joined a coalition of 14 attorneys general in an amicus brief in support of Delaware’s election officials, who are defending a challenge to Delaware’s early voting law in Albence v. Mennella. In the case, a trial court ruled that Delaware’s constitutional provisions, which set the date of the statewide general election as the Tuesday following the first Monday in November, preclude the state legislature from establishing early voting before the enumerated Tuesday. In the brief, the attorneys general argue that Delaware’s “election day” provision does not prevent the state legislature from implementing early voting; note that similar challenges to early voting have been rejected by several federal and state courts; and observe that 46 other states have established early voting provisions. In the brief, the coalition urges the Delaware Supreme Court to reverse the trial court’s decision and uphold Delaware’s right to establish early voting.

“Early voting is an important and lawful manner of increasing the ability of citizens to participate in our democracy,” said Attorney General Bonta. “Legislatures across the nation — including in California — have recognized the importance of early voting, and Delaware is no different. I urge the Delaware Supreme Court to reverse the trial court’s erroneous decision and allow Delaware voters access to early voting.”

Like Delaware, many states have constitutional provisions that provide for a specific election date. Of the 46 states with early voting, 29 have constitutional provisions specifying that their elections must occur on a certain date. And the great weight of precedent allows early voting, despite election date provisions. Early voting has shown increased participation in democratic self-governance and in a manner consistent with our state constitutions and federal law. In addition, several coalition states permit weekend early voting; and some grant local election officials’ discretion as to whether to provide additional early voting days. Extending the voting period affords more individuals the opportunity to vote by reducing wait times, increasing scheduling flexibility, and enabling voters who may experience obstacles to participating on Election Day itself — including elderly voters and voters with disabilities — a better opportunity to participate.

In the amicus brief, the coalition argues that the trial court’s decision should be overturned as:

• Election Day provisions similar to Delaware’s do not prevent state legislatures from providing for early voting.
• States with Election Day provisions similar to Delaware’s have consistently adopted early voting.
• The Delaware Constitution, like many other state constitutions, expressly authorizes the legislature to adopt “the means, methods, and instruments of voting” including early voting. 

In filing the amicus brief, Attorney General Bonta joins the attorneys general of Massachusetts, Arizona, Hawaii, Illinois, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Vermont, Washington, and the District of Columbia.  

A copy of the amicus brief is available here.