​(July 5, 2011) The California Chamber of Commerce removed its opposition to a “job killer” bill that could have unintentionally created new lawsuits against small business, after it was amended on June 21.

SB 111 (Yee; D-San Francisco) could have resulted in new shakedown lawsuits against business establishments by making it a strict liability violation of the Unruh Civil Rights Act, subject to minimum damages of $4,000, if a business limits the use of a customer’s language, even unintentionally.

Due to the bill’s vague and ambiguous language, the CalChamber was concerned the bill would result in higher business costs and increase liability for litigation.

For example, the original bill did not clearly indicate whether businesses would be required to provide written notice in all recognized languages to all customers regarding any required language used in the establishment, or whether business would have to ensure that all menus, signage and services offered were provided in all recognized languages.

The most recent amendments to SB 111 provide needed clarity, making it easier for employers to comply with these new requirements and minimizing the risk that employers will be exposed to unnecessary and costly litigation.

SB 111 passed the Assembly Judiciary Committee on June 21, on a 6-3 vote. The bill will be considered next by the full Assembly.

The CalChamber now has no position on SB 111.

Staff Contact: Mira Guertin