BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 676


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          676 (Calderon)


          As Amended  August 31, 2015


          Majority vote


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          Original Committee Reference:  L. & E.


          SUMMARY:  Enacts various provisions of law related to  
          discrimination based on an individual's employment status  
          (present unemployment). 


          The Senate amendments revise this bill to instead do the  
          following:


          1)Define "employment status" to mean an individual's present  
            unemployment, regardless of length of time that the individual  
            has been unemployed.
          2)Prohibit an employer from doing either of the following:


             a)   Publishing an advertisement or announcement for any job  
               that includes a provision stating or indicating that an  
               unemployed person is not eligible for the job.








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             b)   Ask an applicant to disclose, orally or in writing, the  
               applicant's employment status until the employer has  
               determined that the applicant meets the minimum employment  
               qualifications for the position, as stated in the published  
               notice for the job.


          3)Provide that this bill shall not be construed to prohibit an  
            employer from:
             a)   Publishing an advertisement or announcement for any job  
               that contains any provision setting forth qualifications  
               for a job, including:
               i)     Holding a current and valid professional or  
                 occupational license, certificate, registration, permit,  
                 or other credential.
               ii)    Requiring a minimum level of education or training,  
                 or professional, occupational, or field experience.


               iii)   Stating that only individuals who are current  
                 employees of the employer will be considered for that  
                 job.


             b)   Setting forth qualifications for any job, including:
               i)     Holding a current and valid professional or  
                 occupational license, certificate, registration, permit,  
                 or other credential.
               ii)    Requiring a minimum level of education or training,  
                 or professional, occupational, or field experience.


               iii)   Stating that only individuals who are current  
                 employees of the employer will be considered for that  
                 job.


             c)   Obtaining information regarding an individual's  
               employment, including recent relevant experience.
             d)   Having knowledge of a person's employment status.










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             e)   Inquiring as to the reasons for an individual's  
               employment status.


             f)   Refusing to offer employment to a person because of the  
               reasons underlying an individual's employment status.


             g)   Otherwise making employment decisions pertaining to that  
               individual.


          4)Provide that this bill shall become operative on July 1, 2016.  

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, the Department of Industrial Relations would  
          potentially incur increased administrative costs in the range of  
          $1 million annually (special funds) as a result of the bill, to  
          process, review, and investigate complaints.


          COMMENTS:  According to the author, research shows that the  
          long-term unemployed are frequently overlooked and sometimes  
          excluded from job opportunities.  Employers and employment  
          agencies have posted job vacancy notifications with language  
          such as "No unemployed candidates considered at all" or "Only  
          currently employed candidates will be considered." 


          Employers are disinclined to hire even well-qualified job  
          applicants who have been out of work for six months or longer.   
          Three Princeton economists found that only 11% of those  
          unemployed for more than six months will ever regain steady  
          full-time work.


          Therefore, the author states that this bill would seek to  
          prevent employers from affirmatively asking an applicant for  
          employment to disclose the individual's employment status until  
          the employer has determined that the applicant meets the minimum  
          employment qualifications for the position.









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          AB 2271 (Calderon) of 2014, which was similar, but not  
          identical, to this bill was vetoed by Governor Brown. 


          Analysis Prepared by:                                             
                          Ben Ebbink / L. & E. / (916) 319-2091  FN:  
          0001648