BILL ANALYSIS Ó
AB 2271
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Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2271 (Ian Calderon) - As Amended: March 28, 2014
Policy Committee: LaborVote:5-2
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill prohibits an employer, employment agency or person
operating a job posting website from stating or indicating that
an individual's current employment is a requirement for a job,
unless based on a bona fide occupational qualification. Further
prohibits the employer from affirmatively asking an applicant
for employment to disclose information concerning the
applicant's current employment status until the employer has
determined that the applicant meets the minimum employment
qualifications for the position. Specifically, this bill:
1)Provides that this bill does not prohibit an employer,
employment agency, or person operating a job posting website
from doing the following:
a) Publishing an advertisement or announcement for any job
that contains any provision setting forth qualifications
for a job, as specified, including that only individuals
who are current employees of the employer will be
considered for the job.
b) Setting forth qualifications for any job, as specified.
c) Obtaining information regarding an individual's
employment, including recent relevant experience.
d) Having knowledge of a person's employment status.
e) Inquiring as to the reasons for an individual's
employment status.
f) Refusing to offer employment to a person because of the
reasons underlying an individual's employment status.
g) Otherwise making employment decisions pertaining to that
individual.
1)Prohibits an employer, employment agency, or person operating
AB 2271
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a job posting website from interfering with, restraining, or
denying the exercise of, or the attempt to exercise, any
rights provided under this bill, or discriminating against an
individual because the individual has engaged in specified
activities.
2)Authorizes an individual aggrieved by a violation of this bill
to file a complaint with the Labor Commissioner.
3)Establishes civil penalties of $1,000 for a first violation,
$5,000 for a second violation, and $10,000 for each subsequent
violation.
FISCAL EFFECT
GF administrative costs to the Department of Industrial
Relations, potentially in the range of $1 million to $3 million,
to process, review, and investigate complaints. Predicting the
nature of the claims and penalties is difficult. DIR could
receive several thousand cases per year as this bill does not
allow for private civil action.
COMMENTS
1)Purpose . This bill is in response recent media reports that
found some employers refusing to consider applicants for
employment unless those individuals are currently employed in
other jobs (thereby excluding from consideration those
applicants who are currently unemployed). Supporters of the
measure, including the California Labor Federation, contend
the recent recession has given birth to a new form of
discrimination. This bill seeks to prevent employers,
including the state and local agencies, or employment agencies
from affirmatively asking an applicant for employment to
disclose information concerning employment status until the
employer or employment agency has determined that the
applicant meets the minimum employment qualifications for the
position.
2)Prior legislation. AB 1450 (Allen) of 2012 was similar to
this bill. This bill differs from AB 1450 in that it
prohibits an employer from affirmatively asking an applicant
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for employment to disclose information concerning the
applicant's current employment status until the employer has
determined that the applicant meets the minimum employment
qualifications for the position.
This approach is more consistent with recent efforts related
to employment applicants with criminal histories. For
example, AB 218 (Dickinson) enacted last year prohibits a
state or local agency from asking an applicant for employment
to disclose information concerning the conviction history of
the applicant, including any inquiry about conviction history
on any employment application, until the agency has determined
the applicant meets the minimum employment qualifications, as
stated in any notice issued for the position.
There is no opposition to this measure on file.
Analysis Prepared by : Misty Feusahrens / APPR. / (916)
319-2081