BILL NUMBER: AB 984 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Calderon
FEBRUARY 26, 2015
An act to add Chapter 2.7 (commencing with Section 990) to
Part 3 of Division 2 of the Labor Code, 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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(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.
(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.
(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.
(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.
SEC. 2. Chapter 2.7 (commencing with Section 990)
is added to Part 3 of Division 2 of the Labor Code
, to read:
CHAPTER 2.7. COMMERCIAL ONLINE ENTERTAINMENT EMPLOYMENT
SERVICE PROVIDERS
990. (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.
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.