BILL NUMBER: AB 1450	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 29, 2012
	PASSED THE ASSEMBLY  AUGUST 30, 2012
	AMENDED IN SENATE  AUGUST 22, 2012
	AMENDED IN ASSEMBLY  APRIL 25, 2012
	AMENDED IN ASSEMBLY  MARCH 14, 2012

INTRODUCED BY   Assembly Member Allen
   (Principal coauthors: Assembly Members Mendoza and Swanson)
   (Coauthors: Assembly Members Alejo, Ammiano, Beall, Blumenfield,
Fong, Hall, Solorio, and Wieckowski)

                        JANUARY 5, 2012

   An act to add Chapter 3.95 (commencing with Section 1045) to Part
3 of Division 2 of the Labor Code, and to add Section 10285.6 to the
Public Contract Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1450, 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, an employment agency, or a person who operates an Internet
Web site for posting jobs in this state to publish an advertisement
or announcement for any job that includes provisions pertaining to an
individual's current employment or employment status, as specified.
   This bill would subject an employer, an employment agency, or a
person who operates an Internet Web site for posting jobs in this
state who violates the above provisions to civil penalties that
increase as the number of violations increase.
   The State Contract Act governs contracting between state agencies
and private contractors, and sets forth requirements for the
procurement of materials, supplies, equipment, and services by state
agencies.
   This bill would provide that failure to comply with the
requirements of the bill would constitute a breach of a contract
entered into on or after January 1, 2013, and may be grounds for
canceling, terminating, or suspending the contract, as specified, and
debarring the contractor from eligibility for an award of future
state agency contracts for a period not to exceed 3 years, as
specified.


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

  SECTION 1.  Chapter 3.95 (commencing with Section 1045) is added to
Part 3 of Division 2 of the Labor Code, to read:
      CHAPTER 3.95.  EMPLOYMENT DISCRIMINATION ON THE BASIS OF
EMPLOYMENT STATUS


   1045.  For purposes of this chapter, the following definitions
apply:
   (a) "Contractor" means a person who is a party to a contract with
a state governmental agency, including any department, division,
subcontractor, or other unit that is responsible for performance
under the contract. "Contractor" does not include a state
governmental agency.
   (b) "Employer" means the state or any political or civil
subdivision of the state and any person, as defined in Section 18,
who directly or indirectly, or through an agent or any other person,
employs or exercises control over the wages, hours, or working
conditions of any person.
   (c) "Employment agency" has the same meaning as defined in Section
1812.501 of the Civil Code.
   (d) "Employment status" means an individual's present
unemployment, regardless of the length of time that the individual
has been unemployed.
   1046.  (a) Unless based on a bona fide occupational qualification,
an employer, an employment agency, or a person who operates an
Internet Web site for posting jobs in this state shall not publish in
print, on the Internet, or in any other medium an advertisement or
announcement for any job that includes either of the following:
   (1) A provision stating or indicating that an individual's current
employment is a requirement for a job.
   (2) A provision stating or indicating that an employer will not
consider an applicant for employment based on that individual's
employment status.
   (b) This chapter does not prohibit an employer, an employment
agency, or a person operating an Internet Web site for posting jobs
in this state 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, but not limited to, 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.
   (c) An employer, an employment agency, or a person operating an
Internet Web site for posting jobs in this state 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.
   1047.  (a) A contract entered into on or after January 1, 2013,
between a state agency and a contractor who is an employer shall
include an express or implied requirement that the contractor comply
with the requirements of this chapter. Failure to comply with the
requirements of this chapter, as determined by the Labor
Commissioner, pursuant to subdivision (c) of Section 1046, shall
constitute a breach of the contract and may be grounds for canceling,
terminating, or suspending the contract, and debarring the
contractor from eligibility for future state agency contracts.
   (b) In accordance with regulations adopted by the Division of
Labor Standards Enforcement, and upon determining that a contractor
who is an employer has violated this chapter, the Labor Commissioner
may, after consulting with the contracting state agency, do any or
all of the following:
   (1) Direct the state agency to cancel, terminate, or suspend the
contract, or any segregable portion thereof.
   (2) Debar the contractor from eligibility for an award of a future
state agency contract for a period not to exceed three years.
   1048.  This chapter does not preclude an employer, an employment
agency, or a person who operates an Internet Web site for posting
jobs in this state from doing any of the following:
   (a) Obtaining information regarding an individual's employment,
the dates of employment, or the reasons for the separation from
employment.
   (b) Having knowledge of a person's employment status.
   (c) Considering an individual's employment history or the reasons
underlying an individual's employment status.
   (d) Refusing to offer employment to a person because of the
reasons underlying an individual's employment status.
   (e) Otherwise making employment decisions pertaining to that
individual.
  SEC. 2.  Section 10285.6 is added to the Public Contract Code, to
read:
   10285.6.  A contractor, as defined in Section 1045 of the Labor
Code, who has been debarred by the Labor Commissioner pursuant to
Section 1047 of the Labor Code for a period not to exceed three years
shall be ineligible during that time for an award of a contract
pursuant to this chapter.