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 prohibitbegin delete private and public employersend deletebegin insert a state or local agency, as defined,end insert 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, as described. 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 adverse 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.
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) begin deleteAn employer, including a public employer, end deletebegin insertA state
4or local agency end insertshall not 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 adverse 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:
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 as
21a public employee.
22(5) Otherwise making employment decisions pertaining to that
23individual.
24(d) Section 433 does not apply to this section.
25(e) As used in this section, “current or former public employee”
26includes any person who is currently, or was previously, employed
27by a public entity, as well as any person who is a participant in a
28government retirement system.
29(f) As used in this section:
end insertbegin insert
30(1) “State agency” means
any state office, officer, department,
31division, bureau, board, commission, or agency.
32(2) “Local agency” means any county, city, city and county,
33including a charter city or county, or any special district.
O
94