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 billbegin delete wouldend deletebegin insert would, on and after July 1, 2016,end insert prohibit a state or local agency, as defined, from publishing or
posting a job advertisement or announcement that states or indicatesbegin delete 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.end deletebegin insert that an individual’s status as a current or former public employee disqualifies an individual from eligibility for employment. The bill would, on and after July 1, 2016, also prohibit a state or local agency from asking an applicant to specifically disclose, orally or in writing, the applicant’s status as a current or former public employee until the employer has determined that the applicant meets the minimum employment qualifications for the position.end insert
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) A state or local agency shall not do any of the
4following:
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 indicatingbegin delete directly or indirectly that begin insert that an individual’s status as a current or former
8the applicant for employment must not be a current or former
9public employee.end delete
10public employee disqualifies an individual from eligibility for
11employment.end insert
12(2) Communicate or disclose directly or indirectly, through any
13written form or verbally, that an applicant’s status as a current or
14former public employee disqualifies an individual from eligibility
15for employment.
16(3) Make an adverse employment decision based on an
17applicant’s current or former employment as a public employee.
18(b) A person who operates an Internet Web site for posting jobs
19in this state shall not publish on that Internet Web site an
P3 1advertisement or announcement for any job that includes a
2provision stating or indicating directly or indirectly that the
3applicant for employment must not be a current or former public
4employee.
5(2) Ask an applicant to specifically disclose, orally or in writing,
6the applicant’s status as a current or former public employee until
7the employer has determined that the applicant meets the minimum
8employment qualifications for the position, as stated in the
9published notice for the job.
10(c)
end delete
11begin insert(b)end insert This section shall not be construed to prohibit an employer
12or a person who operates an Internet Web site for posting jobs
13from:
14(1) Publishing in print, on an Internet Web site, or in
any other
15medium, an advertisement or announcement for a job that contains
16provisions setting forth qualifications for the job, including:
17(A) Holding a current and valid professional or occupational
18license, certificate, registration, permit, or other credential.
19(B) Requiring a minimum level of education or training or
20professional, occupational, or field experience.
21(C) Stating that only individuals who are current employees of
22the employer will be considered for that job.
23(2) Setting forth qualifications for a job, including:
24(A) Holding a current and valid professional or occupational
25license, certificate,
registration, permit, or other credential.
26(B) Requiring a minimum level of education, training, or
27professional, occupational, or field experience.
28(C) Stating that only individuals who are current employees of
29the employer will be considered for that job.
30(3) Obtaining information regarding an individual’s current or
31former status as a public employee, including recent relevant
32experience.
33(4) Having knowledge of a person’s current or former status as
34a public employee.
35(5) Otherwise making employment decisions pertaining to that
36individual.
37(d)
end delete38begin insert(c)end insert Section 433 does not apply to this section.
39(e)
end delete
P4 1begin insert(d)end insert As used in this section, “current or former public employee”
2includes any person who is currently, or was previously, employed
3by a public entity, as well as any person who is a participant in a
4government retirement system.
5(f)
end delete6begin insert(e)end insert As used in this section:
7(1) “State agency” means any state office, officer, department,
8division, bureau, board, commission, or agency.
9(2) “Local agency” means any county, city, city and county,
10including a charter city or county, or any special district.
11(f) This section shall become operative on July 1, 2016.
end insertO
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