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

California Assembly Bill 883 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Amended.html

BILL NUMBER: AB 883	AMENDED
	BILL TEXT

	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, as amended, 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 prohibit private and public employers from
publishing or posting a job advertisement or announcement that states
or indicates directly or indirectly that the applicant for
employment must not be a current or former public employee. The bill
would also prohibit these employers from communicating, directly or
indirectly, that an applicant's status as a current or former public
employee disqualifies an individual from eligibility for employment
or from basing an employment decision on an applicant's current or
former employment as a public employee. The bill would create a
related prohibition for a person who operates an Internet Web site
for posting jobs in this state. The bill would except these
provisions  form   from  the misdemeanor
provisions described above.  The bill would prescribe penalties
for a violation of these provisions and would provide that an
intentional violation of these provisions is an infraction, as
specified. By creating a new crime, this bill would impose a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no  yes  .



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) An employer, including a public employer, shall not do
any of the following:
   (1) Publish in print, on an Internet Web  site 
 site,  or in any other medium, an advertisement or
announcement for any job that includes a provision stating or
indicating directly or indirectly that the applicant for employment
must not be a current or former public employee.
   (2) Communicate or disclose directly or indirectly, through any
written form or verbally, that an applicant's status as a current or
former public employee disqualifies an individual from eligibility
for employment.
   (3) Make an employment decision based on an applicant's current or
former employment as a public employee.
   (b) 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 directly or indirectly that the applicant for
employment must not be a current or former public employee. 
   (c) If an employer violates this section, a job applicant or
prospective applicant may bring an action to recover from that
employer actual damages or two hundred dollars ($200), whichever is
greater, plus costs, and reasonable attorney's fees. An intentional
violation of this section shall entitle the applicant or prospective
applicant to treble actual damages, or five hundred dollars ($500),
whichever is greater, plus costs, and reasonable attorney's fees. An
intentional violation of this section is also a infraction punishable
by a fine not to exceed five hundred dollars ($500).  
   (d) The remedies under this section shall be in addition to and
not in derogation of all other rights and remedies that an applicant
may have under any other law.  
   (c) 
    (e)  Section 433 does not apply to this section.
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.