BILL ANALYSIS                                                                                                                                                                                                    



                                                                     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        |
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          |             |Arts, Entertainment, Sports,   |     |5 - 1        |
          |             |Tourism, and Internet Media    |     |             |
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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


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          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