BILL ANALYSIS Ó
AB 984
Page 1
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
984 (Calderon) - As Amended March 26, 2015
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|Policy |Labor and Employment |Vote:|5 - 2 |
|Committee: | | | |
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| |Arts, Entertainment, Sports, | |5 - 1 |
| |Tourism, and Internet Media | | |
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|-------------+-------------------------------+-----+-------------|
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill prohibits employers from using information found
online to discriminate against job applicants. Specifically,
this bill:
AB 984
Page 2
1)Clarifies that an employer shall not use information obtained
on an Internet Web site regarding a person's age to
discriminate against that person for employment, whether an
applicant for employment or an employee.
2)States that a commercial online entertainment employment
service provider that knowingly accepts payment from persons
in California to post their resumes and photos online is
subject to the antidiscrimination laws of this state.
3)Defines "commercial online entertainment employment service
provider" and "payment" for purposes of this bill.
FISCAL EFFECT:
Ongoing costs to the Department of Industrial Relations (DIR)
Division of Labor Standards Enforcement (DLSE) of approximately
$195,000 to $210,000 (Labor Enforcement Compliance Fund) to
enforce claims against employers. Costs could vary depending on
the amount of claims submitted through DLSE's retaliation claim
process as opposed to employees who choose to pursue claims
under a private right of action.
COMMENTS:
Purpose. Age discrimination in employment is against both
federal and state law. In California, the relevant statute is
the California Fair Employment and Housing Act (FEHA). According
to the author, age discrimination continues to exist and is
facilitated through public distribution of potential job
applicant's birth and age information via Internet Web sites.
AB 984
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According to the author, concern over age discrimination is
especially true in the entertainment industry, where one woman
sued Internet Movie Database (IMDb), an online cast and crew
referral site used by the entertainment community, for revealing
her age.
The Screen Actors Guild/American Federation of Television and
Radio Artists are the sponsors of this legislation and state, in
the case of actors, an employer casting a part may make a
decision based on how young or old the actor looks but may not
exclude the actor from trying out for the part simply because of
his or her biological age. The author seeks to clarify employers
may not use the age of a person obtained from a commercial
online entertainment employment service provider in making an
employment decision regarding that person.
Analysis Prepared by:Misty Feusahrens / APPR. / (916)
319-2081