BILL NUMBER: AB 883	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Low

                        FEBRUARY 26, 2015

   An act to add Section 432.6 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 432.6 is added to the Labor Code, to read:
   432.6.  (a) An employer, including a public employer, shall not do
any of the following:
   (1) Publish in print, on an Internet Web site or in any other
medium, an advertisement or announcement for any job that includes a
provision stating or indicating directly or indirectly that the
applicant for employment must not be a current or former public
employee.
   (2) Communicate or disclose directly or indirectly, through any
written form or verbally, that an applicant's status as a current or
former public employee disqualifies an individual from eligibility
for employment.
   (3) Make an employment decision based on an applicant's current or
former employment as a public employee.
   (b) 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 directly or indirectly that the applicant for
employment must not be a current or former public employee.
   (c) Section 433 does not apply to this section.