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 anbegin insert adverseend insert 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 from the misdemeanor provisions described above. 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.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
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 anbegin insert adverseend insert employment decision based on an
15applicant’s
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) This section shall not be construed to prohibit an employer
23or a person who operates an Internet Web site for posting jobs
24from:
P3 1(1) Publishing in print, on an Internet Web site, or in any other
2medium, an advertisement or announcement for a job that contains
3provisions setting forth qualifications for
the job, including:
4(A) Holding a current and valid professional or occupational
5license, certificate, registration, permit, or other credential.
6(B) Requiring a minimum level of education or training or
7professional, occupational, or field experience.
8(C) Stating that only individuals who are current employees of
9the employer will be considered for that job.
10(2) Setting forth qualifications for a job, including:
end insertbegin insert
11(A) Holding a current and valid professional or occupational
12license, certificate, registration, permit, or other credential.
13(B) Requiring a minimum level of education, training, or
14professional, occupational, or
field experience.
15(C) Stating that only individuals who are current employees of
16the employer will be considered for that job.
17(3) Obtaining information regarding an individual’s current or
18former status as a public employee, including recent relevant
19experience.
20(4) Having knowledge of a person’s current or former status
21as a public employee.
22(5) Otherwise making employment decisions pertaining to that
23individual.
24(c)
end delete
25begin insert(d)end insert If an employer violates this section, a job applicant or
26prospective applicant may bring an action to recover from that
27employer actual damages or two hundred dollars ($200), whichever
28is greater, plus costs, and reasonable attorney’s fees. An intentional
29violation of this section shall entitle the applicant or prospective
30applicant to treble actual damages, or five hundred dollars ($500),
31whichever is greater, plus costs, and reasonable attorney’s fees.
32An intentional violation of this section is also a infraction
33punishable by a fine not to exceed five hundred dollars ($500).
34(d)
end delete
35begin insert(eend insertbegin insert)end insert The remedies under this section shall be in addition to and
36not in derogation of all other rights and remedies that an applicant
37may have under any other law.
38(e)
end delete39begin insert(f)end insert Section 433 does not apply to this section.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
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