BILL NUMBER: AB 676	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 1, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2015
	AMENDED IN SENATE  AUGUST 31, 2015

INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 25, 2015

   An act to add Section 432.4 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 676, 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
from publishing an advertisement or announcement for a job that
states or indicates that an unemployed person is not eligible for the
job. The bill would prohibit an employer from asking an applicant
for employment to disclose, orally or in writing, the applicant's
employment status, except as specified.


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

  SECTION 1.  Section 432.4 is added to the Labor Code, to read:
   432.4.  (a) For the purposes of this section:
   (1) "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.
   (2) "Employment status" means an individual's present
unemployment, regardless of the length of time that the individual
has been unemployed.
   (b) 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 unemployed person is not eligible for
the job.
   (2) Ask an applicant to disclose, orally or in writing, the
applicant's 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) This chapter shall not be construed to prohibit an employer
from:
   (1) 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:
   (A) Holding a current and valid professional or occupational
license, certificate, registration, permit, or other credential.
   (B) Requiring a minimum level of education or training, or
professional, occupational, or field experience.
   (C) Stating that only individuals who are current employees of the
employer will be considered for that job.
   (2) Setting forth qualifications for any job, including:
   (A) Holding a current and valid professional or occupational
license, certificate, registration, permit, or other credential.
   (B) Requiring a minimum level of education or training, or
professional, occupational, or field experience.
   (C) Stating that only individuals who are current employees of the
employer will be considered for that job.
   (3) Obtaining information regarding an individual's employment,
including recent relevant experience.
   (4) Having knowledge of a person's employment status.
   (5) Inquiring as to the reasons for an individual's employment
status.
   (6) Refusing to offer employment to a person because of the
reasons underlying an individual's employment status.
   (7) Otherwise making employment decisions pertaining to that
individual.
   (d) Section 433 does not apply to this section.
   (e) This section shall become operative on July 1, 2016.