Bill Text: CA AB883 | 2015-2016 | Regular Session | Enrolled

California Assembly Bill 883 (Prior Session Legislation)

Bill Title: Employment: public employee status.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB883 Detail]

Download: California-2015-AB883-Enrolled.html

BILL NUMBER: AB 883	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 9, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2015
	AMENDED IN SENATE  SEPTEMBER 4, 2015
	AMENDED IN SENATE  AUGUST 31, 2015
	AMENDED IN SENATE  JULY 16, 2015
	AMENDED IN ASSEMBLY  JUNE 1, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015
	AMENDED IN ASSEMBLY  MARCH 24, 2015

INTRODUCED BY   Assembly Member Low

                        FEBRUARY 26, 2015

   An act to add Section 432.6 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 883, Low. Employment: public employee status.
   Existing law regulates the terms and conditions of employment and,
in particular, contracts and applications for employment. Existing
law prohibits private employers from requiring an applicant for
employment to take a polygraph test as a condition of employment or
continued employment. Existing law generally prohibits public and
private employers from requiring an applicant to disclose an arrest
or detention that did not result in a conviction, subject to various
exceptions. Existing law makes a violation of these provisions a
misdemeanor.
   This bill would, on and after July 1, 2016, prohibit a state or
local agency, as defined, from publishing or posting a job
advertisement or announcement that states or indicates that an
individual's status as a current or former public employee
disqualifies an individual from eligibility for employment. The bill
would, on and after July 1, 2016, also prohibit a state or local
agency from asking an applicant to specifically disclose, orally or
in writing, the applicant's status as a current or former public
employee until the employer has determined that the applicant meets
the minimum employment qualifications for the position. The bill
would except these provisions from the misdemeanor provisions
described above.


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

  SECTION 1.  Section 432.6 is added to the Labor Code, to read:
   432.6.  (a) A state or local agency shall not do any of the
following:
   (1) Publish in print, on an Internet Web site, or in any other
medium, an advertisement or announcement for any job that includes a
provision stating or indicating that an individual's status as a
current or former public employee disqualifies an individual from
eligibility for employment.
   (2) Ask an applicant to specifically disclose, orally or in
writing, the applicant's status as a current or former public
employee 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) This section shall not be construed to prohibit an employer or
a person who operates an Internet Web site for posting jobs from:
   (1) Publishing in print, on an Internet Web site, or in any other
medium, an advertisement or announcement for a job that contains
provisions setting forth qualifications for the job, including:
   (A) Holding a current and valid professional or occupational
license, certificate, registration, permit, or other credential.
   (B) Requiring a minimum level of education or training or
professional, occupational, or field experience.
   (C) Stating that only individuals who are current employees of the
employer will be considered for that job.
   (2) Setting forth qualifications for a job, including:
   (A) Holding a current and valid professional or occupational
license, certificate, registration, permit, or other credential.
   (B) Requiring a minimum level of education, training, or
professional, occupational, or field experience.
   (C) Stating that only individuals who are current employees of the
employer will be considered for that job.
   (3) Obtaining information regarding an individual's current or
former status as a public employee, including recent relevant
experience.
   (4) Having knowledge of a person's current or former status as a
public employee.
   (5) Otherwise making employment decisions pertaining to that
individual.
   (c) Section 433 does not apply to this section.
   (d) As used in this section, "current or former public employee"
includes any person who is currently, or was previously, employed by
a public entity, as well as any person who is a participant in a
government retirement system.
   (e) As used in this section:
   (1) "State agency" means any state office, officer, department,
division, bureau, board, commission, or agency.
   (2) "Local agency" means any county, city, city and county,
including a charter city or county, or any special district.
   (f) This section shall become operative on July 1, 2016.