Amended in Senate August 31, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 676


Introduced by Assembly Member Calderon

February 25, 2015


An act to addbegin delete Chapter 3.95 (commencing with Section 1045) to Part 3 of Division 2 ofend deletebegin insert Section 432.4 toend insert the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 676, as amended, Calderon. Employment: discrimination: status as unemployed.

Existing law creates the Division of Labor Standards Enforcement in the Department of Industrial Relations for the purpose of enforcing labor laws. Existing law prohibits various forms of employment discrimination with respect to the personal characteristics of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.

This bill, on and after July 1, 2016, would prohibit anbegin delete employer, an employment agency, or a person who operates an Internet Web site for posting jobs in this state to publishend deletebegin insert employer from publishingend insert an advertisement or announcement for a job that states or indicates thatbegin delete current employment is a requirement, unless this is based on a bona fide occupational qualification.end deletebegin insert an unemployed person is not eligible for the job.end insert The bill would prohibit an employerbegin delete or employment agencyend delete from asking an applicant for employment to disclose, orally or in writing,begin delete information concerningend delete the applicant’sbegin delete currentend delete employment status, except as specified.begin delete The bill would prohibit an employer, an employment agency, or a person operating an Internet Web site for posting jobs from interfering with, or discriminating against, a person exercising these rights. The 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 escalate with the number of violations. The bill would provide that a private right of action is not authorized for a violation of these provisions.end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 432.4 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert432.4.end insert  

(a) For the purposes of this section:

3(1) “Employer” means the state or any political or civil
4subdivision of the state and any person, as defined in Section 18,
5who directly or indirectly, or through an agent or any other person,
6employs or exercises control over the wages, hours, or working
7conditions of any person.

8(2) “Employment status” means an individual’s present
9unemployment, regardless of the length of time that the individual
10has been unemployed.

11(b) An employer shall not do either of the following:

12(1) Publish in print, on the Internet, or in any other medium,
13an advertisement or announcement for any job that includes a
14provision stating or indicating that an unemployed person is not
15eligible for the job.

16(2) Ask an applicant to disclose, orally or in writing, the
17applicant’s employment status until the employer has determined
18that the applicant meets the minimum employment qualifications
19for the position, as stated in the published notice for the job.

20(c) This chapter shall not be construed to prohibit an employer
21from:

22(1) Publishing in print, on the Internet, or in any other medium,
23an advertisement or announcement for any job that contains any
24provision setting forth qualifications for a job, including:

25(A) Holding a current and valid professional or occupational
26license, certificate, registration, permit, or other credential.

P3    1(B) Requiring a minimum level of education or training, or
2professional, occupational, or field experience.

3(C) Stating that only individuals who are current employees of
4the employer will be considered for that job.

5(2) Setting forth qualifications for any job, including:

6(A) Holding a current and valid professional or occupational
7license, certificate, registration, permit, or other credential.

8(B) Requiring a minimum level of education or training, or
9professional, occupational, or field experience.

10(C) Stating that only individuals who are current employees of
11the employer will be considered for that job.

12(3) Obtaining information regarding an individual’s
13employment, including recent relevant experience.

14(4) Having knowledge of a person’s employment status.

15(5) Inquiring as to the reasons for an individual’s employment
16status.

17(6) Refusing to offer employment to a person because of the
18reasons underlying an individual’s employment status.

19(7) Otherwise making employment decisions pertaining to that
20individual.

21(d) Section 433 does not apply to this section.

22(e) This section shall become operative on July 1, 2016.

end insert
begin delete
23

SECTION 1.  

Chapter 3.95 (commencing with Section 1045)
24is added to Part 3 of Division 2 of the Labor Code, to read:

25 

26Chapter  3.95. Employment Discrimination on the Basis
27of Employment Status
28

 

29

1045.  

For purposes of this chapter, the following definitions
30apply:

31(a) “Employer” means the state or any political or civil
32subdivision of the state and any person, as defined in Section 18,
33who directly or indirectly, or through an agent or any other person,
34employs or exercises control over the wages, hours, or working
35conditions of any person.

36(b) “Employment agency” has the same meaning as defined in
37Section 1812.501 of the Civil Code.

38(c) “Employment status” means an individual’s present
39unemployment, regardless of the length of time that the individual
40has been unemployed.

P4    1

1046.  

(a) Unless based on a bona fide occupational
2qualification, an employer shall not do either of the following:

3(1) Publish in print, on the Internet or in any other medium, an
4advertisement or announcement for any job that includes a
5provision stating or indicating that an individual’s current
6employment is a requirement for the job.

7(2) Affirmatively ask an applicant for employment to disclose,
8orally or in writing, information concerning the applicant’s current
9employment status until the employer has determined that the
10applicant meets the minimum employment qualifications for the
11position, as stated in the published notice for the job.

12(b) Unless based on a bona fide occupational qualification, an
13employment agency shall not do any of the following:

14(1) Publish in print, on the Internet or in any other medium, an
15advertisement or announcement for any job that includes a
16provision stating or indicating that an individual’s current
17employment is a requirement for a job.

18(2) Limit, segregate, or classify an individual in any manner
19that may limit that individual’s access to information about jobs
20or referrals for consideration of jobs because of the individual’s
21employment status.

22(3) Affirmatively ask an applicant for employment to disclose,
23orally or in writing, information concerning the applicant’s current
24employment status until the employer has determined that the
25applicant meets the minimum employment qualifications for the
26position, as stated in the published notice for the job.

27(c) Unless based on a bona fide occupational qualification, a
28person who operates an Internet Web site for posting jobs in this
29state shall not publish on that Internet Web site an advertisement
30or announcement for any job that includes a provision stating or
31indicating that an individual’s current employment is a requirement
32for a job.

33

1047.  

This chapter shall not be construed to prohibit an
34employer, employment agency, or a person who operates an
35Internet Web site for posting jobs in this state, or an agent,
36representative, or designee of that employer, employment agency,
37or Internet Web site, from:

38(a) Publishing in print, on the Internet or in any other medium,
39an advertisement or announcement for any job that contains any
40provision setting forth qualifications for a job, including:

P5    1(1) Holding a current and valid professional or occupational
2license, certificate, registration, permit, or other credential.

3(2) Requiring a minimum level of education or training or
4professional, occupational, or field experience.

5 (3) Stating that only individuals who are current employees of
6the employer will be considered for that job.

7(b) Setting forth qualifications for any job, including:

8(1) Holding a current and valid professional or occupational
9license, certificate, registration, permit, or other credential.

10 (2) Requiring a minimum level of education or training or
11professional, occupational, or field experience.

12(3) Stating that only individuals who are current employees of
13the employer will be considered for that job.

14(c) Obtaining information regarding an individual’s employment,
15including recent relevant experience.

16(d) Having knowledge of a person’s employment status.

17(e) Inquiring as to the reasons for an individual’s employment
18status.

19(f) Refusing to offer employment to a person because of the
20reasons underlying an individual’s employment status.

21(g) Otherwise making employment decisions pertaining to that
22individual.

23

1048.  

An employer, an employment agency, or a person
24operating an Internet Web site for posting jobs shall not do either
25of the following:

26(a) Interfere with, restrain, or deny the exercise of, or the attempt
27to exercise, any right provided under this chapter.

28(b) Discriminate against any individual because the individual:

29(1) Opposed any practice made unlawful by this chapter.

30(2) Has instituted, or caused to be instituted, any proceeding
31under or related to this chapter.

32(3) Has provided, or is about to provide, any information in
33connection with any inquiry or proceeding relating to any right
34provided under this chapter.

35(4) Has testified, or is about to testify, in any inquiry or
36proceeding relating to any right provided under this chapter.

37

1049.  

An individual aggrieved by a violation of this chapter
38may file a complaint with the Labor Commissioner. The Labor
39Commissioner may impose a civil penalty against any employer,
40employment agency, or person operating an Internet Web site for
P6    1posting jobs that the commissioner finds to be in violation of this
2chapter. An employer, employment agency, or person operating
3an Internet Web site for posting jobs that violates any provision
4of this chapter shall be subject to a civil penalty of one thousand
5dollars ($1,000) for the first violation of this chapter, five thousand
6dollars ($5,000) for the second violation, and ten thousand dollars
7($10,000) for each subsequent violation.

8

1049.5.  

Notwithstanding any provision of law, this chapter
9does not create or authorize a private right of action for a violation
10of this chapter.

11

1049.7.  

This chapter shall become operative on July 1, 2016.

end delete


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