BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 883


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          Date of Hearing:  April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          883 (Low) - As Amended April 6, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          


          SUMMARY:  










                                                                     AB 883


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          This bill prohibits employers, or a person who operates  
          specified job posting Internet Web site, from publishing or  
          posting a job advertisement that would disqualify an applicant  
          who is currently, or was at one point, a public employee,  
          authorizes a job applicant or prospective applicant to bring an  
          action against the perspective employer, and provides for a fine  
          for an intentional violation.


          FISCAL EFFECT: Unknown costs, potentially in excess of $1  
          million (special funds) for the Department of Industrial  
          Relations to process, review, and investigate complaints. 


          Predicting the number and nature of the claims that may come  
          before the DLSE is difficult.  According to DLSE, cases  
          involving retaliation often involve lengthy, resource intensive  
          investigations.  This bill also expands DLSE enforcement  
          authority to include 3rd party internet website providers. This  
          is a new addition to the DLSE statutory framework and associated  
          costs are difficult to determine. 

          COMMENTS:


          1)Purpose. The California Professional Firefighters are  
            sponsoring this bill in response to employment practices that  
            require an applicant for employment to not be a participant of  
            a governmental retirement plan.  According to the sponsor,  
            qualified job applicants are being discriminated against and  
            penalized when their work history shows that they currently  
            hold, or previously held, a position in which they were  
            classified as a public employee since only public employees  
            are eligible to be members of a governmental retirement plan.   



          2)Background. Existing federal and state law contain provisions  
            that define unlawful discrimination and unlawful employment  








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            practices by employers and employment agencies.  These  
            provisions exist to protect both prospective and current  
            employees against employment discrimination. 


            The Fair Employment and Housing Act (FEHA), prohibits  
            harassment and discrimination in employment because of, among  
            other things, race, color, religion, sex, gender, sexual  
            orientation, marital status, mental and physical disability,  
            age and/or retaliation for protesting illegal discrimination  
            related to one of these categories. In addition, current law  
            generally prohibits public and private employers from  
            requiring an applicant to disclose an arrest or detention that  
            did not result in a conviction. 





            The Retaliation Complaint Investigation (RCI) unit within  
            DIR's Division of Labor Standards Enforcement (DLSE)  
            investigates complaints of violations of approximately 20  
            statutory rights, such as using sick leave to attend to  
            illness of a family member, reporting violations of state or  
            federal law, and freedom from gender-based wage  
            discrimination. Based on data for 2009 to 2012, approximately  
            1,200 cases were filed annually.





          3)Opposition. A coalition of employer groups, including the  
            California Chamber of Commerce, opposes this bill.  According  
            to their letter:
            "If the employer inquires into the applicant's relevant  
            background either through a written job application that asks  
            the applicant to list his or her prior employers, or through  
            an in-person interview to discuss the applicant's work  








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            experience, and discovers the applicant's protected status as  
            a former or current public employee, then the employer will be  
            subject to potential civil litigation under [this bill] if the  
            employer does not ultimately hire the individual.  Even if the  
            decision to hire is based upon a separate, unrelated reason  
            other than the individual's status as a former or public  
            employee, once the "protected" information is discovered, it  
            creates the opportunity for a discrimination lawsuit against  
            the business. Unlike other protected classifications currently  
            in California law, an applicant's prior employment history is  
            not something that an employer can easily navigate away from  
            while inquiring about an applicant's work experience when  
            interviewing or reviewing a candidate for employment in order  
            to avoid a discrimination claim."





          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081