Bill Text: CA AB2271 | 2013-2014 | Regular Session | Enrolled


Bill Title: Employment: discrimination: status as unemployed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-17 - Vetoed by Governor. [AB2271 Detail]

Download: California-2013-AB2271-Enrolled.html
BILL NUMBER: AB 2271	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2014
	PASSED THE ASSEMBLY  AUGUST 21, 2014
	AMENDED IN SENATE  AUGUST 18, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Ian Calderon

                        FEBRUARY 21, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2271, Ian Calderon. Employment: discrimination: status as
unemployed.
   Existing law contains provisions that define unlawful
discrimination and employment practices by employers and employment
agencies.
   This bill would, beginning July 1, 2015, make it unlawful, unless
based on a bona fide occupational qualification 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 an indication that current
employment is a requirement, 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. This bill would also
provide that no private right of action is authorized for a violation
of these provisions.


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) "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.
   (b) "Employment agency" has the same meaning as defined in Section
1812.501 of the Civil Code.
   (c) "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 shall not do either of the following:
   (1) Publish in print, on the Internet or in any other medium, an
advertisement or announcement for any job that includes a provision
stating or indicating that an individual's current employment is a
requirement for the job.
   (2) Affirmatively ask an applicant for employment to disclose,
orally or in writing, information concerning the applicant's current
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.
   (b) Unless based on a bona fide occupational qualification, an
employment agency shall not do any of the following:
   (1) Publish in print, on the Internet or in any other medium, an
advertisement or announcement for any job that includes a provision
stating or indicating that an individual's current employment is a
requirement for a job.
   (2) Limit, segregate, or classify an individual in any manner that
may limit that individual's access to information about jobs or
referrals for consideration of jobs because of the individual's
employment status.
   (3) Affirmatively ask an applicant for employment to disclose,
orally or in writing, information concerning the applicant's current
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.
   (c) Unless based on a bona fide occupational qualification, a
person who operates an Internet Web site for posting jobs in this
state shall not publish on that Internet Web site an advertisement or
announcement for any job that includes a provision stating or
indicating that an individual's current employment is a requirement
for a job.
   1047.  Nothing in this chapter shall be construed to prohibit an
employer, employment agency, or a person who operates an Internet Web
site for posting jobs in this state, or an agent, representative, or
designee of that employer, employment agency, or Internet Web site,
from:
   (a) Publishing in print, on the Internet or in any other medium,
an advertisement or announcement for any job that contains any
provision setting forth qualifications for a job, including:
   (1) Holding a current and valid professional or occupational
license, certificate, registration, permit, or other credential.
   (2) Requiring a minimum level of education or training or
professional, occupational, or field experience.
    (3) 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:
   (1) Holding a current and valid professional or occupational
license, certificate, registration, permit, or other credential.
    (2) Requiring a minimum level of education or training or
professional, occupational, or field experience.
   (3) 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.
   (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.
   1048.  An employer, an employment agency, or a person operating an
Internet Web site for posting jobs shall not do either of the
following:
   (a) Interfere with, restrain, or deny the exercise of, or the
attempt to exercise, any right provided under this chapter.
   (b) Discriminate against any individual because the individual:
   (1) Opposed any practice made unlawful by this chapter.
   (2) Has instituted, or caused to be instituted, any proceeding
under or related to this chapter.
   (3) Has provided, or is about to provide, any information in
connection with any inquiry or proceeding relating to any right
provided under this chapter.
   (4) Has testified, or is about to testify, in any inquiry or
proceeding relating to any right provided under this chapter.
   1049.  An individual aggrieved by a violation of this chapter may
file a complaint with the Labor Commissioner. The Labor Commissioner
may impose a civil penalty against any employer, employment agency,
or person operating an Internet Web site for posting jobs that the
commissioner finds to be in violation of this chapter. An employer,
employment agency, or person operating an Internet Web site for
posting jobs that violates any provision of this chapter shall be
subject to a civil penalty of one thousand dollars ($1,000) for the
first violation of this chapter, five thousand dollars ($5,000) for
the second violation, and ten thousand dollars ($10,000) for each
subsequent violation.
   1049.5.  Notwithstanding any provision of law, nothing in this
chapter shall be construed to create or authorize a private right of
action for a violation of this chapter.
   1049.7.  This chapter shall take effect on July 1, 2015.
                                                    
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