Amended in Assembly March 24, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 883

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 amended, 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 begin delete form end delete begin insert from end insert the misdemeanor provisions described above. begin insert The bill would prescribe penalties for a violation of these provisions and would provide that an intentional violation of these provisions is an infraction, as specified. By creating a new crime, this bill would impose a state-mandated local program. end insert

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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 begin delete site end delete begin insert site, end insert 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.

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(c) If an employer violates this section, a job applicant or
prospective applicant may bring an action to recover from that
employer actual damages or two hundred dollars ($200),
whichever is greater, plus costs, and reasonable attorney’s fees.
An intentional violation of this section shall entitle the applicant
or prospective applicant to treble actual damages, or five hundred
dollars ($500), whichever is greater, plus costs, and reasonable
attorney’s fees. An intentional violation of this section is also a
infraction punishable by a fine not to exceed five hundred dollars
($500).

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(d) The remedies under this section shall be in addition to and
not in derogation of all other rights and remedies that an applicant
may have under any other law.

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(c)

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begin insert (e) end insert  Section 433 does not apply to this section.

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begin insert SEC. 2. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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