BILL NUMBER: AB 1450	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Allen
   (Coauthors: Assembly Members Mendoza and Swanson)

                        JANUARY 5, 2012

   An act to add Chapter 2.5 (commencing with Section 1812.50953) to
Title 2.91 of Part 4 of Division 3 of the Civil Code, and to add
Chapter 3.95 (commencing with Section 1046) to Part 3 of Division 2
of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1450, as introduced, Allen. Employment: discrimination: status
as unemployed.
   Existing law contains provisions that define unlawful
discrimination and employment practices by employers and employment
agencies.
   This bill would make it unlawful, unless based on a bona fide
occupational qualification or any other provision of law, for an
employer to knowingly or intentionally refuse to consider for
employment or refuse to offer employment to an individual because of
the individual's status as unemployed, publish an advertisement or
announcement for any job that includes provisions pertaining to an
individual's status as unemployed, as specified, or direct or request
that an employment agency take an individual's status as unemployed
into account in screening or referring applicants for employment.
   The bill would also make it unlawful, unless based on a bona fide
occupational qualification or any other provision of law, for an
employment agency to knowingly or intentionally refuse to consider or
refer an individual for employment because of the individual's
status as unemployed, limit, segregate, or classify individuals in
any manner that may limit their access to information about jobs or
referral for consideration of jobs because of their status as
unemployed, or publish an advertisement or announcement, as described
above with respect to employers.
   This bill would subject an employer or employment agency who
violates the above provisions to civil penalties that increase as the
number of violations increase. The bill would state that it shall
not be construed to create a private cause of action, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.5 (commencing with Section 1812.50953) is
added to Title 2.91 of Part 4 of Division 3 of the Civil Code, to
read:
      CHAPTER 2.5.  EMPLOYMENT AGENCY DISCRIMINATION ON THE BASIS OF
UNEMPLOYMENT STATUS


   1812.50953.  (a) For purposes of this chapter, "status as
unemployed" means an individual's present or past unemployment
regardless of the length of time that the individual was unemployed.
   (b) Unless based on a bona fide occupational qualification, an
employment agency shall not knowingly or intentionally do any of the
following:
   (1) Refuse to consider or refer an individual for employment
because of the individual's status as unemployed.
   (2) Limit, segregate, or classify individuals in any manner that
may limit their access to information about jobs or referral for
consideration of jobs because of their status as unemployed.
   (3) Publish in print, on the Internet, or in any other medium, an
advertisement or announcement for any job that includes either of the
following:
   (A) A provision stating or indicating that an individual's status
as unemployed disqualifies the individual for a job.
   (B) A provision stating or indicating that an employer will not
consider an applicant for employment based on that individual's
status as unemployed.
   (c) This chapter does not prohibit an employment agency from doing
either of the following:
   (1) Publishing, in print, on the Internet, or in any other medium,
an advertisement or announcement for any job that sets forth other
lawful qualifications for a job, including the holding of a current
and valid professional or occupational license, certificate,
registration, permit, or other credential, or a minimum level of
education or training or professional, occupational, or field
experience.
   (2) Printing, circulating, or causing to be printed or circulated
a publication, advertisement, or solicitation for a job vacancy that
contains any provision stating that only applicants who are currently
employed by a particular employer will be considered.
   (d) An employment agency shall not do either of the following:
   (1) Interfere with, restrain, or deny the exercise of or the
attempt to exercise any right provided under this chapter.
   (2) Discriminate against any individual because the individual:
   (A) Opposed any practice made unlawful by this chapter.
   (B) Has caused to be instituted any proceeding under or related to
this chapter.
   (C) Has given, or is about to give, any information in connection
with any inquiry or proceeding relating to any right provided under
this chapter.
   (D) Has testified, or is about to testify, in any inquiry or
proceeding relating to any right provided under this chapter.
   (e) (1) An employment agency that violates this section shall be
subject to a civil penalty in an amount not to exceed one thousand
dollars ($1,000) for the first violation, five thousand dollars
($5,000) for the second violation, and ten thousand dollars ($10,000)
for each subsequent violation, enforceable by the Attorney General
or any city attorney.
   (2) Notwithstanding Section 1812.523, this chapter does not
create, establish, or authorize a private cause of action by an
aggrieved person against an employment agency that has violated, or
is alleged to have violated, this chapter.
   (3) A violation of this chapter does not constitute a misdemeanor
pursuant to Section 1812.523.
  SEC. 2.  Chapter 3.95 (commencing with Section 1046) is added to
Part 3 of Division 2 of the Labor Code, to read:
      CHAPTER 3.95.  EMPLOYER DISCRIMINATION ON THE BASIS OF
UNEMPLOYMENT STATUS


   1046.  (a) For purposes of this chapter, the following definitions
apply:
   (1) "Employer" means a person who has 15 or more employees for
each working day in each of 20 or more calendar weeks in the current
or preceding calendar year and includes both of the following:
   (A) A person who acts, directly or indirectly, in the interest of
an employer with respect to employing individuals to work for the
employer.
   (B) A successor in interest of an employer.
   (2) "Status as unemployed" means an individual's present or past
unemployment regardless of the length of time that the individual was
unemployed.
   (b) Unless based on a bona fide occupational qualification, an
employer shall not knowingly or intentionally do any of the
following:
   (1) Refuse to consider for employment or refuse to offer
employment to an individual because of the individual's status as
unemployed.
   (2) Publish in print, on the Internet, or in any other medium, an
advertisement or announcement for any job that includes either of the
following:
   (A) A provision stating or indicating that an individual's status
as unemployed disqualifies the individual for a job.
   (B) A provision stating or indicating that an employer will not
consider an applicant for employment based on that individual's
status as unemployed.
   (3) Direct or request that an employment agency, as defined in
subdivision (a) of Section 1812.501 of the Civil Code, take an
individual's status as unemployed into account in screening or
referring applicants for employment.
   (c) This chapter does not prohibit an employer from doing either
of the following:
   (1) Publishing, in print, on the Internet, or in any other medium,
an advertisement or announcement for any job that sets forth other
lawful qualifications for a job, including the holding of a current
and valid professional or occupational license, certificate,
registration, permit, or other credential, or a minimum level of
education or training or professional, occupational, or field
experience.
   (2) Printing or circulating or causing to be printed or circulated
a publication, advertisement, or solicitation for a job vacancy that
contains any provision stating that only applicants who are
currently employed by that employer will be considered.
   (d) An employer shall not do either of the following:
   (1) Interfere with, restrain, or deny the exercise of or the
attempt to exercise any right provided under this chapter.
   (2) Discriminate against any individual because the individual:
   (A) Opposed any practice made unlawful by this chapter.
   (B) Has caused to be instituted any proceeding under or related to
this chapter.
   (C) Has given, or is about to give, any information in connection
with any inquiry or proceeding relating to any right provided under
this chapter.
   (D) Has testified, or is about to testify, in any inquiry or
proceeding relating to any right provided under this chapter.
   (e) (1) An employer who violates this section shall be subject to
a civil penalty in an amount not to exceed one thousand dollars
($1,000) for the first violation, five thousand dollars ($5,000) for
the second violation, and ten thousand dollars ($10,000) for each
subsequent violation, enforceable by the Chief of the Division of
Labor Standards Enforcement pursuant to the procedures specified in
Chapter 4 (commencing with Section 79) of Division 1.
   (2) This chapter does not create, establish, or authorize a
private cause of action by an aggrieved person against an employer
who has violated, or is alleged to have violated, this chapter.