BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1687


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          ASSEMBLY THIRD READING


          AB  
          1687 (Calderon)


          As Amended  May 5, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Arts            |6-1  |Chu, Hadley, Levine,  |Obernolte           |
          |                |     |Low, Medina, Nazarian |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Privacy         |11-0 |Chau, Wilk, Baker,    |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Cooper, Dababneh,     |                    |
          |                |     |Gatto, Gordon, Low,   |                    |
          |                |     |Olsen                 |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Prohibits a commercial online entertainment employment  
          service provider, as defined, that enters into an agreement to  
          provide certain employment services from publishing or sharing  
          information about the subscriber's age, and would require the  
          provider to remove the subscriber's age information from any  
          Internet Web site under the provider's control, if requested by  








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          the subscriber.  Specifically, this bill:  
          1)Provides that a commercial online entertainment employment  
            service provider (Web site) that enters into a contractual  
            agreement to provide employment services to an individual for  
            a subscription payment shall not, upon request by the  
            subscriber:
             a)   Publish or make public the subscriber's date of birth or  
               age information; or
             b)   Share the subscriber's date of birth or age information  
               with any Internet Web sites for the purpose of publication.


          2)Requires the Web site to remove the subscriber's date of birth  
            and age information from public view on all Web sites under  
            its control within 5 day upon request by the subscriber.
          3)Declares that a commercial online entertainment employment  
            service provider that permits members of the public to upload  
            or modify Internet content on its own Internet Web site or any  
            Internet Web site under its control without prior review by  
            that provider shall not be deemed in violation of this section  
            unless first requested by the subscriber to remove age  
            information.


          4)Defines the following terms for purposes of this section:


             a)    "Commercial online entertainment employment service  
               provider" means a person or business that owns, licenses,  
               or otherwise possesses computerized information, including  
               but not limited to age and date of birth information, about  
               individuals employed in the entertainment industry,  
               including television, films, and video games, and that  
               makes the information available to the public or potential  
               employers.
             b)    "Payment" means a fee in exchange for advertisements,  
               or any other form of compensation or benefit.










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             c)    "Provide employment services" means to post resumes,  
               photographs, or other information about a subscriber when  
               one of the purposes is to provide information about the  
               subscriber to a prospective employer. 


             d)    "Subscriber" means a natural person who enters into a  
               contractual agreement with a commercial online  
               entertainment employment service provider to receive  
               employment services for a subscription payment.


          5)Declares that the purpose of the bill is to ensure that  
            information obtained on a Web site regarding an individual's  
            age will not be used in furtherance of employment or age  
            discrimination.
          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  According to the author, "Age discrimination in  
          employment is against both federal and state law. In California  
          the relevant statutes are the California Fair Employment and  
          Housing Act (FEHA) and the Unruh Civil Rights Act.  Sadly,  
          despite these laws age discrimination continues to exist and is  
          facilitated through public distribution of potential job  
          applicant's birth and age information via commercial online  
          employment service providers. 


          "Under California's FEHA, an employer is generally prohibited  
          from asking the age of a job applicant until a bone fide offer  
          of employment is made.  However, since the advent of the  
          internet and social media, employment referral Web sites  
          designed for the use of casting professionals and others have  
          provided access online to birthdate information which would be  
          illegal for employers to seek in hard copy.  Once having this  
          information, they may discriminate against the job seeker on the  
          basis of age without it being traced."








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          This bill applies only where there is a contractual relationship  
          between a Web site and an individual subscriber to host  
          information about the subscriber for a fee.  Therefore, this  
          bill would apply to California-based businesses as well as  
          out-of-state businesses that have subscribers in California.  It  
          would not apply to Web sites such as Wikipedia, which may post  
          publicly available information about an artist, such as age and  
          date of birth, but do not offer paid subscriptions or employment  
          services to artists.


          However, this bill does specifically prohibit a commercial  
          online entertainment employment service provider from sharing a  
          subscriber's date of birth or age with public Web sites, such as  
          Wikipedia, if the subscriber makes a request to the provider not  
          to share this information.  This provision is important because  
          while birth records are public records, many artists use a  
          pseudonym or stage name rather than their birth name, so in fact  
          their true name, age and date of birth are not readily  
          accessible to the public.




          Please see Assembly Arts, Entertainment, Sports, Tourism, and  
          Internet Media analysis for a full discussion of the measure.


          Analysis Prepared by:                                             
                          Dana Mitchell / A.,E.,S.,T., & I.M. / (916)  
                          319-3450                                          
            FN: 0002864













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