BILL NUMBER: AB 263	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 7, 2013

   An act to add Section 1171.7 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 263, as introduced, Roger Hernández. Employment: retaliation:
immigration-related document practices.
   Existing law declares that an individual who has applied for
employment, or who is or has been employed in this state, is entitled
to the protections, rights, and remedies available under state law,
regardless of his or her immigration status. Existing law declares
that an inquiry into a person's immigration status for purposes of
enforcing state labor and employment laws shall not be permitted,
unless a showing is made, by clear and convincing evidence, that the
inquiry is necessary in order to comply with federal immigration law.

   This bill would make it unlawful for an employer or any other
person to engage in, or direct another person to engage in, an unfair
immigration-related document practice against a person for the
purpose of, or with the intent of, retaliating against any person for
exercising a right protected under state labor and employment laws
or under a local ordinance applicable to employees, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1171.7 is added to the Labor Code, to read:
   1171.7.  (a) It shall be unlawful for an employer or any other
person to engage in, or to direct another person to engage in, an
unfair immigration-related document practice against a person for the
purpose of, or with the intent of, retaliating against any person
for exercising a right protected under this code or under a local
ordinance applicable to employees.
   (b) "Exercising a right protected under this code or under a local
ordinance" includes, but is not limited to, filing a complaint or
informing a person of an employer's or other party's alleged
violation of this code or that of a local ordinance, so long as the
complaint or disclosure is made in good faith, seeking information
regarding whether an employer or other party is in compliance with
this code or with a local ordinance, and informing a person of his or
her rights and remedies under this code or under a local ordinance,
and assisting him or her in asserting those rights.