BILL ANALYSIS Ó
AB 676
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
676 (Calderon)
As Amended August 31, 2015
Majority vote
--------------------------------------------------------------------
|ASSEMBLY: |51-27 |(June 2, 2015) |SENATE: |28-9 |(September 1, |
| | | | | |2015) |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
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 revise this bill to instead do the
following:
1)Define "employment status" to mean an individual's present
unemployment, regardless of length of time that the individual
has been unemployed.
2)Prohibit an employer from doing either of the following:
a) Publishing an advertisement or announcement for any job
that includes a provision stating or indicating that an
unemployed person is not eligible for the job.
AB 676
Page 2
b) 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.
3)Provide that this bill shall not be construed to prohibit an
employer from:
a) Publishing an advertisement or announcement for any job
that contains any provision setting forth qualifications
for a job, including:
i) Holding a current and valid professional or
occupational license, certificate, registration, permit,
or other credential.
ii) Requiring a minimum level of education or training,
or professional, occupational, or field experience.
iii) 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:
i) Holding a current and valid professional or
occupational license, certificate, registration, permit,
or other credential.
ii) Requiring a minimum level of education or training,
or professional, occupational, or field experience.
iii) 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.
AB 676
Page 3
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.
4)Provide that this bill shall become operative on July 1, 2016.
FISCAL EFFECT: According to the Senate Appropriations
Committee, the Department of Industrial Relations would
potentially incur increased administrative costs in the range of
$1 million annually (special funds) as a result of the 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 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 from affirmatively asking an applicant for
employment to disclose the individual's employment status until
the employer has determined that the applicant meets the minimum
employment qualifications for the position.
AB 676
Page 4
AB 2271 (Calderon) of 2014, which was similar, but not
identical, to this bill was vetoed by Governor Brown.
Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN:
0001648