BILL NUMBER: AB 676	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 25, 2015

   An act to add Chapter 3.95 (commencing with Section 1045) to Part
3 of Division 2 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 676, as introduced, Calderon. Employment: discrimination:
status as unemployed.
   Existing law creates the Division of Labor Standards Enforcement
in the Department of Industrial Relations for the purpose of
enforcing labor laws. Existing law prohibits various forms of
employment discrimination with respect to the personal
characteristics of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
national origin, ancestry, familial status, source of income,
disability, or genetic information.
   This bill, on and after July 1, 2016, would prohibit an employer,
an employment agency, or a person who operates an Internet Web site
for posting jobs in this state to publish an advertisement or
announcement for a job that states or indicates that current
employment is a requirement, unless this is based on a bona fide
occupational qualification. The bill would prohibit an employer or
employment agency from asking an applicant for employment to
disclose, orally or in writing, information concerning the applicant'
s current employment status, except as specified. The bill would
prohibit an employer, an employment agency, or a person operating an
Internet Web site for posting jobs from interfering with, or
discriminating against, a person exercising these rights. The bill
would subject an employer, an employment agency, or a person who
operates an Internet Web site for posting jobs in this state who
violates the above provisions to civil penalties that escalate with
the number of violations. The bill would provide that a private right
of action is not authorized for a violation of these provisions.
   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.  Chapter 3.95 (commencing with Section 1045) is added to
Part 3 of Division 2 of the Labor Code, to read:
      CHAPTER 3.95.  EMPLOYMENT DISCRIMINATION ON THE BASIS OF
EMPLOYMENT STATUS


   1045.  For purposes of this chapter, the following definitions
apply:
   (a) "Employer" means the state or any political or civil
subdivision of the state and any person, as defined in Section 18,
who directly or indirectly, or through an agent or any other person,
employs or exercises control over the wages, hours, or working
conditions of any person.
   (b) "Employment agency" has the same meaning as defined in Section
1812.501 of the Civil Code.
   (c) "Employment status" means an individual's present
unemployment, regardless of the length of time that the individual
has been unemployed.
   1046.  (a) Unless based on a bona fide occupational qualification,
an employer shall not do either of the following:
   (1) Publish in print, on the Internet or in any other medium, 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.
   (2) Affirmatively ask an applicant for employment to disclose,
orally or in writing, information concerning the applicant's current
employment status until the employer has determined that the
applicant meets the minimum employment qualifications for the
position, as stated in the published notice for the job.
   (b) Unless based on a bona fide occupational qualification, an
employment agency shall not do any of the following:
   (1) Publish in print, on the Internet or in any other medium, an
advertisement or announcement for any job that includes a provision
stating or indicating that an individual's current employment is a
requirement for a job.
   (2) Limit, segregate, or classify 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.
   (3) Affirmatively ask an applicant for employment to disclose,
orally or in writing, information concerning the applicant's current
employment status until the employer has determined that the
applicant meets the minimum employment qualifications for the
position, as stated in the published notice for the job.
   (c) Unless based on a bona fide occupational qualification, 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 that an individual's current employment is a requirement
for a job.
   1047.  This chapter shall not be construed to prohibit an
employer, employment agency, or a person who operates an Internet Web
site for posting jobs in this state, or an agent, representative, or
designee of that employer, employment agency, or Internet Web site,
from:
   (a) Publishing in print, on the Internet or in any other medium,
an advertisement or announcement for any job that contains any
provision setting forth qualifications for a job, including:
   (1) Holding a current and valid professional or occupational
license, certificate, registration, permit, or other credential.
   (2) Requiring a minimum level of education or training or
professional, occupational, or field experience.
    (3) Stating that only individuals who are current employees of
the employer will be considered for that job.
   (b) Setting forth qualifications for any job, including:
   (1) Holding a current and valid professional or occupational
license, certificate, registration, permit, or other credential.
    (2) Requiring a minimum level of education or training or
professional, occupational, or field experience.
   (3) Stating that only individuals who are current employees of the
employer will be considered for that job.
   (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.
   1048.  An employer, an employment agency, or a person operating an
Internet Web site for posting jobs shall not do either of the
following:
   (a) Interfere with, restrain, or deny the exercise of, or the
attempt to exercise, any right provided under this chapter.
   (b) Discriminate against any individual because the individual:
   (1) Opposed any practice made unlawful by this chapter.
   (2) Has instituted, or caused to be instituted, any proceeding
under or related to this chapter.
   (3) Has provided, or is about to provide, any information in
connection with any inquiry or proceeding relating to any right
provided under this chapter.
   (4) Has testified, or is about to testify, in any inquiry or
proceeding relating to any right provided under this chapter.
   1049.  An individual aggrieved by a violation of this chapter may
file a complaint with the Labor Commissioner. The Labor Commissioner
may impose a civil penalty against any employer, employment agency,
or person operating an Internet Web site for posting jobs that the
commissioner finds to be in violation of this chapter. An employer,
employment agency, or person operating an Internet Web site for
posting jobs that violates any provision of this chapter shall be
subject to a civil penalty of one thousand dollars ($1,000) for the
first violation of this chapter, five thousand dollars ($5,000) for
the second violation, and ten thousand dollars ($10,000) for each
subsequent violation.
   1049.5.  Notwithstanding any provision of law, this chapter does
not create or authorize a private right of action for a violation of
this chapter.
   1049.7.  This chapter shall become operative on July 1, 2016.