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

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

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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

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BILL NUMBER: AB 883	AMENDED
	BILL TEXT

	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, 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  adverse  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 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: 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, 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  adverse  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) 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) 
    (d)  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) 
    (e  )  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. 
   (e) 
    (f)  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.