AB 883, as introduced, Low. Employment: public employee status.
Existing law regulates the terms and conditions of employment and, in particular, contracts and applications for employment. Existing law prohibits private employers from requiring an applicant for employment to take a polygraph test as a condition of employment or continued employment. Existing law generally prohibits public and private employers from requiring an applicant to disclose an arrest or detention that did not result in a conviction, subject to various exceptions. Existing law makes a violation of these provisions a misdemeanor.
This bill would prohibit private and public employers from publishing or posting a job advertisement or announcement that states or indicates directly or indirectly that the applicant for employment must not be a current or former public employee. The bill would also prohibit these employers from communicating, directly or indirectly, that an applicant’s status as a current or former public employee disqualifies an individual from eligibility for employment or from basing an employment decision on an applicant’s current or former employment as a public employee. The bill would create a related prohibition for a person who operates an Internet Web site for posting jobs in this state. The bill would except these provisions form the misdemeanor provisions described above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 432.6 is added to the Labor Code, to
2read:
(a) An employer, including a public employer, shall
4not do any of the following:
5(1) Publish in print, on an Internet Web site or in any other
6medium, an advertisement or announcement for any job that
7includes a provision stating or indicating directly or indirectly that
8the applicant for employment must not be a current or former
9public employee.
10(2) Communicate or disclose directly or indirectly, through any
11written form or verbally, that an applicant’s status as a current or
12former public employee disqualifies an individual from eligibility
13for employment.
14(3) Make an employment decision based on an applicant’s
15
current or former employment as a public employee.
16(b) A person who operates an Internet Web site for posting jobs
17in this state shall not publish on that Internet Web site an
18advertisement or announcement for any job that includes a
19provision stating or indicating directly or indirectly that the
20applicant for employment must not be a current or former public
21employee.
22(c) Section 433 does not apply to this section.
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