BILL ANALYSIS Ó
AB 2271
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GOVERNOR'S VETO
AB 2271 (Ian Calderon)
As Amended August 18, 2014
2/3 vote
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|ASSEMBLY: |51-23|(May 28, 2014) |SENATE: |24-9 |(August 19, |
| | | | | |2014) |
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|ASSEMBLY: |55-21|(August 21, | | | |
| | |2014) | | | |
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Original Committee Reference: L. & E.
SUMMARY : Enacts various provisions of law related to
discrimination based on an individual's employment status
(present unemployment).
The Senate amendments delay implementation of this bill to July
1, 2015.
AS PASSED BY THE ASSEMBLY , this bill:
1)Defined "employment status" to mean an individual's present
unemployment, regardless of length of time that the individual
has been unemployed.
2)Prohibited an employer, unless based on a bona fide
occupational qualification, from doing either of the
following:
a) Publishing an advertisement or announcement for any job
that includes a provision stating or indicating that an
individual's current employment is a requirement for the
job.
b) Affirmatively asking an applicant for employment to
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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.
3)Prohibited an employment agency, unless based on a bona fide
occupational qualification, from doing any of the following:
a) Publishing an advertisement or announcement for any job
that includes a provision stating or indicating that an
individual's current employment is a requirement for the
job.
b) Limiting, segregating, or classifying an individual in
any manner that may limit that individual's access to
information about jobs or referrals for consideration of
jobs because of the individual's employment status.
c) 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.
4)Prohibited a person who operates a job posting Web site,
unless based on a bona fide occupational qualification, from
publishing an advertisement or announcement for any job that
includes a provision stating or indicating that an
individual's current employment is a requirement for the job.
5)Provided that this bill does not prohibit an employer,
employment agency, or person operating a job posting Web site
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;
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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; and,
g) Otherwise making employment decisions pertaining to that
individual.
6)Prohibited an employer, employment agency, or person operating
a job posting Web site 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.
7)Authorized an individual aggrieved by a violation of this bill
to file a complaint with the Labor Commissioner.
8)Established civil penalties of $1,000 for a first violation,
$5,000 for a second violation, and $10,000 for each subsequent
violation.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the Department of Industrial Relations will incur
increased administrative costs of $3.4 million in the first year
and $3.1 million ongoing as a result of this bill to process,
review, and investigate complaints.
COMMENTS : According to the author, research shows that the
long-term unemployed are frequently overlooked and sometimes
excluded from job opportunities. Employers and employment
agencies have posted job vacancy notifications with language
such as "No unemployed candidates considered at all" or "Only
currently employed candidates will be considered." Employers
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are disinclined to hire even well-qualified job applicants who
have been out of work for six months or longer. Three Princeton
economists found that only 11% of those unemployed for more than
six months will ever regain steady full-time work.
Therefore, the author states that this bill would seek 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.
This bill will prohibit an employer, employment agency, or
person who operates on Internet Web site for posting jobs in
this state from publishing a job announcement or advertisement
containing a provision stating or indicating that an
individual's current employment is a requirement for the job,
unless based on a bona fide occupational qualification.
There is no opposition on file.
GOVERNOR'S VETO MESSAGE :
"This bill would prohibit an employer from discriminating
against job applicants based on the applicant's status as
unemployed. While I support the intent of this bill, it could
impede the state's efforts to connect unemployed workers to
prospective employers as currently drafted. The problems facing
our state's long term unemployed are great. There is no doubt
that those Californians want to get back to work and I want to
help them get there - unfortunately this bill does not provide
the proper path to address this problem."
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0005608
AB 2271
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