Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 984

Introduced by Assembly Member Calderon

February 26, 2015

An act begin insert to add Chapter 2.7 (commencing with Section 990) to Part 3 of Division 2 of the Labor Code, end insert relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 984, as amended, Calderon. Use of age information in employment.

Existing law, with specified exceptions, prohibits discrimination in employment based on, among other factors, race, gender, religious belief, and age. Existing law prohibits an employer from enforcing a compulsory retirement age when the employee has indicated in writing that he or she wishes to continue working and demonstrates the ability to perform the functions of the job adequately to the employer’s satisfaction. Existing law restricts the disclosure of personal information, as defined, by a public agency or consumer credit agency that collects it.

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This bill would state the intent of the Legislature to enact legislation that would protect the privacy of employees and potential employees and would prevent age discrimination in employment by limiting public distribution of age and birth information.

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This bill would prohibit an employer from using information regarding a person’s age in making any employment decision regarding that person. The bill would also provide that a commercial online entertainment employment service provider, as defined, who accepts payment from persons in California to post resumes and other information online is subject to the antidiscrimination laws of California.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert The Legislature finds and declares all of the
following: end insert

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(a) According to studies, the Great Recession led to large
increases in unemployment rates and unemployment durations for
workers of all ages, but unemployment durations rose far more
for older workers than for younger workers.

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(b) Statistics from the U.S. Equal Employment Opportunity
Commission show that in 2011, the commission received 23,465
formal filings alleging age discrimination, an increase of 35
percent from 2001.

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(c) Age discrimination in any form is contrary to state policy
and discrimination on the basis of age in employment is a violation
of law.

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(d) Despite being against state law and policy, age
discrimination continues to exist and is facilitated through public
distribution of a job applicant’s or potential applicant’s birth and
age information.

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begin insert SEC. 2. end insert   

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begin insert Chapter 2.7 (commencing with Section 990) is added
to Part 3 of Division 2 of the end insert begin insert Labor Code end insert begin insert , to read: end insert

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Chapter   begin insert 2.7. end insert Commercial Online Entertainment
Employment Service Providers

 

begin insert 990. end insert   

(a) An employer shall not use information obtained on
an Internet Web site regarding a person’s age in making any
employment decision regarding that person, whether an applicant
for employment or an employee.

(b) A commercial online entertainment employment service
provider that knowingly accepts payment from persons in
California in exchange for posting their resumes and professional
photos online shall be considered as doing business in this state
and subject to the antidiscrimination laws of California.

(c) For purposes of this chapter, the following definitions apply:

(1) “Commercial online entertainment employment service
provider” means a person or business that owns, licenses, or
otherwise possesses computerized data that includes personal
information of people employed in the entertainment industry,
including television, films, and video games, and that makes the
personal information available to the public or potential employers.

(2) “Payment” means for a fee in exchange for advertisements,
or any other form of compensation or benefit.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would protect the privacy of employees and
potential employees and would prevent age discrimination in
employment by limiting public distribution of age and birth
information.

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