BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 883 (Low) - Employment: public employee status. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: July 16, 2015 |Policy Vote: L. & I.R. 4 - 1, | | | JUD. 5 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Robert Ingenito | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 883 would prohibit an employer or person who operates an Internet Web site from advertising or announcing a job that discriminates against an applicant who is a current or former public employee. Fiscal Impact: Unknown costs, potentially in the range of $1 million to $3 million (special funds) for the Department of Industrial Relations (DIR) to process, review, and investigate complaints. Background: Current law prohibits employment discrimination based on race, AB 883 (Low) Page 1 of ? color, religion, sex or national origin. Specifically, various California statutes, such as the Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act, prohibit discrimination in employment, housing, public accommodation and services provided by business establishments on the basis of specified personal characteristics such as sex, race, color, national origin, religion, and disability. These statutes have been subsequently modified to include other characteristics, such as medical conditions, marital status, and sexual orientation. Proposed Law: This bill would prohibit employment discrimination against current or former public employees applying for public or private employment. Specifically, this bill would prohibit an employer, including a public employer, from doing any of the following: Publishing in print, on an Internet Web site, 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. Communicating or disclosing 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. Making an adverse employment decision based on an applicant's current or former employment as a public employee. Additionally, the bill would prohibit a person who operates an Internet Web site for posting jobs in this state from publishing on that Internet 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. AB 883 (Low) Page 2 of ? This bill would not prohibit an employer or a person who operates an Internet Web site for posting jobs from doing the following: Publishing in print, on an Internet Web site, or in any other medium, an advertisement or announcement for a job that contains provisions setting forth qualifications for the job, including: o holding a current and valid professional or occupational license, certificate, registration, permit, or other credential; o requiring a minimum level of education or training or professional, occupational, or field experience; or o stating that only individuals who are current employees of the employer will be considered for that job; Setting forth qualifications for a job, including: o holding a current and valid professional or occupational license, certificate, registration, permit, or other credential; o requiring a minimum level of education, training, or professional, occupational, or field experience; or o stating that only individuals who are current employees of the employer will be considered for that job; AB 883 (Low) Page 3 of ? Obtaining information regarding an individual's current or former status as a public employee, including recent relevant experience; Having knowledge of a person's current or former status as a public employee; or Otherwise making employment decisions pertaining to that individual. Finally, the bill would clarify that an employer would not be subject to a misdemeanor for violating this bill. Related Legislation: AB 676 (Calderon) would prohibit an employer, employment agency, or a person who operates an internet web site from including in a job posting that an applicant cannot be unemployed. The bill is up for hearing in this Committee today. Staff Comments: DIR indicates that the number of the claims that may come before it pursuant to this bill is difficult to determine. Cases involving retaliation generally involve lengthy, resource intensive investigations. Public employees in the State total 2.1 million. DIR cannot accurately project how many of those individuals would make use of the bill's protections. Additionally, DIR would now have enforcement authority for a new group besides employers - 3rd party internet website providers. This is a unique addition to DIR. DIR estimates it may need AB 883 (Low) Page 4 of ? roughly $1 to $3 million to cover staff costs to handle the potential influx of claims resulting from the bill. These numbers estimate that even if only .001 percent of potential claimants file claims - it could require over two dozen staff to process the retaliation cases. -- END --