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 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, 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
  a state or local agency, as defined,  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, as
described. 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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,
  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 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.
   (d) Section 433 does not apply to this section.
   (e) 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. 
   (f) 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.