BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 883 (Low) - Employment: public employee status.
          
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          |Version: July 16, 2015          |Policy Vote: L. & I.R. 4 - 1,   |
          |                                |          JUD. 5 - 2            |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 17, 2015   |Consultant: Robert Ingenito     |
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          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,  







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          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.











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          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;








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                 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  








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          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.


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