BILL NUMBER: AB 1015	CHAPTERED
	BILL TEXT

	CHAPTER  820
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2001
	APPROVED BY GOVERNOR  OCTOBER 12, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	AMENDED IN SENATE  SEPTEMBER 6, 2001
	AMENDED IN SENATE  AUGUST 28, 2001
	AMENDED IN SENATE  JULY 9, 2001
	AMENDED IN SENATE  JUNE 20, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001
	AMENDED IN ASSEMBLY  MARCH 29, 2001

INTRODUCED BY   Assembly Member Wright
   (Coauthors:  Assembly Members Alquist, Aroner, Calderon,
Canciamilla, Cardenas, Cedillo, Chavez, Correa, Diaz, Dutra,
Firebaugh, Florez, Frommer, Goldberg, Horton, Kehoe, Koretz, Liu,
Longville, Lowenthal, Maddox, Matthews, Nation, Oropeza, Papan,
Pavley, Pescetti, Reyes, Richman, Romero, Shelley, Steinberg,
Strickland, Strom-Martin, Thomson, Vargas, Wayne, Wesson, and
Wiggins)
   (Coauthors: Senators Burton, Escutia, Kuehl, Polanco, and Soto)

                        FEBRUARY 23, 2001

   An act to amend Section 98.6 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1015, Wright.  Employment:  retaliation.
   Existing law prohibits an employer from discriminating against any
employee because the employee has filed a claim with or instituted a
proceeding before the Labor Commissioner relating to the employee's
rights, because the employee testifies or will testify in such a
proceeding, or because the employee exercised, on behalf of himself,
herself, or others, rights afforded employees by the Labor Code.
Existing law provides for reinstatement of and the payment of lost
wages and work benefits to any employee who is subjected to adverse
employment action because the employee filed a bona fide complaint
with the Division of Industrial Relations.  Existing law makes it a
misdemeanor for an employer to take adverse employment action against
employees who file bona fide complaints.
   This bill would extend those provisions to apply to applicants for
employment who are refused employment, not selected for a training
program leading to employment, or discriminated against in any other
manner.  The bill would also expand existing prohibitions to include
protection for employees and applicants who engage in conduct
delineated in Chapter 4 of Division 1 and Chapter 5 of Part 3 of
Division 2 of the Labor Code.  The bill would provide that its
provisions relating to Chapter 4 of Division 1 and Chapter 5 of Part
3 of Division 2 do not apply to state and local law enforcement
agencies, certain religious organizations or corporations, or certain
members of the press.
   The bill would also provide that its provisions shall not be
construed to invalidate certain collective bargaining agreements and
employment contracts that protect an employer against conduct that is
in direct conflict with the employer's essential enterprise-related
interests where breach of the agreement would materially and
substantially interfere with the employer's operations or collective
bargaining agreements protecting a firefighter against diseases
presumed to arise as a result of his or her employment by limiting
the firefighter's consumption of tobacco products.  The bill would
provide that its provisions do not affect existing law regarding
employment discrimination related to the consumption of tobacco
products.
   The bill would provide that its provisions are severable and would
also make technical, nonsubstantive changes to existing law.



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


  SECTION 1.  The Legislature finds and declares that, absent the
protections by the Labor Commissioner, working men and women are
ill-equipped and unduly disadvantaged in any effort to assert their
individual rights otherwise protected by the Labor Code.  The
Legislature finds it necessary and appropriate to provide employees
an inexpensive administrative remedy for the pursuit of their rights
under the Labor Code.  The Legislature further declares that this act
is necessary to further the state interest in protecting the rights
of individual employees and job applicants who could not otherwise
afford to protect themselves.
  SEC. 2.  Section 98.6 of the Labor Code is amended to read:
   98.6.  (a) No person shall discharge an employee or in any manner
discriminate against any employee or applicant for employment because
the employee or applicant engaged in any conduct delineated in this
chapter, including the conduct described in subdivision (k) of
Section 96, and Chapter 5 of Part 3 of Division 2, or because the
employee or applicant for employment has filed a bona fide complaint
or claim or instituted or caused to be instituted any proceeding
under or relating to his or her rights, which are under the
jurisdiction of the Labor Commissioner, or has testified or is about
to testify in any such proceeding or because of the exercise by  the
employee or applicant for employment on behalf of himself, herself,
or others of any rights afforded him or her.
   (b) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
the terms and conditions of his or her employment because the
employee engaged in any conduct delineated in this chapter, including
the conduct described in subdivision (k) of Section 96, and Chapter
5 of Part 3 of Division 2, or because the employee has made a bona
fide complaint or claim to the division pursuant to this part shall
be entitled to reinstatement and reimbursement for lost wages and
work benefits caused by such acts of the employer.  Any employer who
willfully refuses to hire, promote, or otherwise restore an employee
or former employee who has been determined to be eligible for such
rehiring or promotion by a grievance procedure, arbitration or
hearing authorized by law, is guilty of a misdemeanor.
   (c) (1) Any applicant for employment who is refused employment,
who is not selected for a training program leading to employment, or
who in any other manner is discriminated against in the terms and
conditions of any offer of employment because the applicant engaged
in any conduct delineated in this chapter, including the conduct
described in subdivision (k) of Section 96, and Chapter 5 of Part 3
of Division 2, or because the applicant has made a bona fide
complaint or claim to the division pursuant to this part shall be
entitled to employment and reimbursement for lost wages and work
benefits caused by the acts of the prospective employer.
   (2) This subdivision shall not be construed to invalidate any
collective bargaining agreement that requires an applicant for a
position that is subject to the collective bargaining agreement to
sign a contract that protects either or both of the following as
specified in paragraphs (A) and (B), nor shall this subdivision be
construed to invalidate any employer requirement of an applicant for
a position that is not subject to a collective bargaining agreement
to sign an employment contract that protects either or both of the
following as specified in paragraphs (A) and (B):
   (A) An employer against any conduct that is actually in direct
conflict with the essential enterprise-related interests of the
employer and where breach of that contract would actually constitute
a material and substantial disruption of the employer's operation.
   (B) A firefighter against any disease that is presumed to arise in
the course and scope of employment, by limiting his or her
consumption of tobacco products on and off the job.
   (d) The provisions of this section creating new actions or
remedies that are effective on January 1, 2002, to employees or
applicants for employment do not apply to any state or local law
enforcement agency, any religious association or corporation
specified in subdivision (d) of Section 12926 of the Government Code,
except as provided in Section 12926.2 of the Government Code, or any
person described in Section 1070 of the Evidence Code.
  (e) The provisions of this section are severable.  If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
   (f) This section does not affect in any way existing law regarding
employment discrimination related to the consumption of tobacco
products.