BILL ANALYSIS Ó
AB 676
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ASSEMBLY THIRD READING
AB
676 (Calderon)
As Introduced February 25, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Labor |5-1 |Roger Hernández, |Harper |
| | |Chu, Low, McCarty, | |
| | |Thurmond | |
| | | | |
|----------------+------+--------------------+----------------------|
|Appropriations |12-5 |Gomez, Bonta, |Bigelow, Chang, |
| | |Calderon, Daly, |Gallagher, Jones, |
| | |Eggman, |Wagner |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Quirk, Rendon, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Enacts various provisions of law related to
discrimination based on an individual's employment status (present
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unemployment). Specifically, this bill:
1)Defines "employment status" to mean an individual's present
unemployment, regardless of length of time that the individual
has been unemployed.
2)Prohibits 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
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)Prohibits 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)Prohibits a person who operates a job posting Web site, unless
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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)Provides 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.
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.
6)Prohibits 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
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provided under this bill, or discriminating against an
individual because the individual has engaged in specified
activities.
7)Authorizes an individual aggrieved by a violation of this bill
to file a complaint with the Labor Commissioner.
8)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: According to the Assembly Appropriations
Committee, administrative costs to the Department of Labor
Standards Enforcement, potentially in the range of $1 million to
$3 million (special funds), to process, review, and investigate
complaints.
Predicting the number and nature of the claims that may come
before the Division of Labor Standards Enforcement (DLSE) is
difficult. According to data from the Employment Development
Department, as of February, there are approximately 1.2 million
unemployed workers in California. According to DLSE, cases
involving retaliation often involve lengthy, resource intensive
investigations. This bill also expands DLSE enforcement authority
to include 3rd party internet website providers. This is a new
addition to the DLSE statutory framework and associated costs are
difficult to determine. Further, this bill prohibits a private
right of action, meaning all complaints would come before DLSE
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."
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Employers 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 an 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.
AB 2271 (Calderon) of 2014, which was nearly identical to this
bill, was vetoed by Governor Brown.
Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN: 0000796
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