October 30, 2020

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California Voters to Consider Repealing Proposition 209 in November

On June 25th the California State Senate passed a resolution to place a proposition on the November ballot to repeal Proposition 209 and amend the state constitution. Proposition 209 passed in 1996 and amended the state constitution to prohibit state governmental institutions from considering race, gender, or ethnicity, specifically in the areas of public employment, contracting, and education.

If approved by voters, this constitutional amendment would remove language prohibiting public universities, schools, and government agencies from using race or gender in their admissions criteria, hiring, and contract decisions.

The Senate Floor argument in favor of the repeal states that disparities pertaining to race and gender in the workplace still exist and Proposition 209 prevents California leaders from taking active measures to address those disparities. The opposition to the repeal states the purpose of passing Proposition 209 was to prohibit preferential treatment based on race, sex, color, ethnicity, or national origin. Proposition 209 has faced several legal challenges both in state and federal courts. In 1996 after its passage, a federal district judge blocked enforcement. However, the Ninth Circuit Court of Appeals subsequently overturned that ruling, allowing the amendment to proceed.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 183
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Angel Sevilla Employment Attorney Jackson Lewis Law Firm
Principal

Angel R. Sevilla is a Principal in the San Francisco, California, office of Jackson Lewis P.C. He has extensive experience representing employers in all aspects of employment litigation, including wage and hour class and collective actions, discrimination, harassment, wrongful discharge, and unfair competition claims.

Mr. Sevilla also counsels employers on various employment law matters and negotiates employment and severance agreements on behalf of companies and executives. He has successfully co-chaired jury trials on behalf of employers in state and federal...

415-796-5461
Pamela Palpallatoc Labor & Employment Attorney Jackson Lewis Law Firm San Diego
Associate

Pamela Palpallatoc is an Associate in the San Diego, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling, and evaluating her clients on developments in artificial intelligence, automation, and robotics in the workplace.

Ms. Palpallatoc’s experience includes defending businesses and individuals through all phases of trial and administrative review. She represents industries that comprise of technology, sports/recreation,...

619-573-4900
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