Amended in Senate March 28, 2016

Senate Bill No. 1001

Introduced by Senator Mitchell

(Principal coauthor: Assembly Member Chiu)

(Coauthor: Senator Vidak)

(Coauthors: Assembly Members Eggman and Thurmond)

February 10, 2016

An act to add Section begin delete 12952 to the Government end delete begin insert 1019.1 to the Labor end insert Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 1001, as amended, Mitchell. Employment: unfair practices.

begin delete

Existing provisions of the California Fair Employment and Housing Act define and prohibit various discriminatory employment practices to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

end delete

Existing law prohibits an employer or any other person from engaging in, or directing another person to engage in, an unfair immigration-related practice against a person for the purpose of or intent to retaliate against any person for exercising a protected right, as specified. begin insert Existing law defines requesting more or different documents than are required under federal law, or refusing to honor documents tendered that on their face reasonably appear to be genuine, as an unfair immigration-related practice. end insert

This bill would make it begin delete an unlawful employment practice end delete begin insert unlawful end insert for an employer begin delete to request more or different documents than are required under federal law relating to verification that an individual is not an unauthorized alien, or to refuse to honor documents tendered that on their face reasonably appear to be genuine, or to discriminate against an immigrant with authorization to work based upon the specific status or term of status that accompanies the authorization to work, or to attempt to reinvestigate or reverify an incumbent employee’s authorization to work unless required to do so by federal law or authority. end delete begin insert or any other person or entity to engage in, or to direct another person or entity to engage in, an unfair immigration-related practice against either an applicant for employment or an employee. The bill would prohibit an employer or any other person or entity from attempting to reinvestigate or reverify an incumbent employee’s authorization to work using an unfair immigration-related practice, and prohibit an employer or any other person or entity from discriminating or directing another person to discriminate, against an applicant for employment or an employee with authorization to work based upon the specific status, or term of status, that accompanies the authorization to work. The bill would authorize an applicant for employment or an employee who is subject to an unfair immigration-related practice to bring a civil action for equitable relief and any applicable damages or penalties, and provide that, if he or she prevails in that action, he or she shall recover reasonable attorney’s fees and costs, including any expert witness costs. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. 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   

end insert

begin insert Section 1019.1 is added to the end insert begin insert Labor Code end insert begin insert , to
read: end insert

begin insert

begin insert 1019.1. end insert   

(a) It is unlawful for an employer or any other person
or entity to engage in, or to direct another person or entity to
engage in, an unfair immigration-related practice against an
applicant for employment or an employee.

(b) It is unlawful for an employer or any other person or entity
to attempt, or to direct another person or entity to attempt, to
reinvestigate or reverify an incumbent employee’s authorization
to work using an unfair immigration-related practice.

(c) It is unlawful and an unfair immigration-related practice
for an employer or any other person or entity to, or to direct
another person to, discriminate against an applicant for
employment or an employee with authorization to work based upon
the specific status, or term of status, that accompanies the
authorization to work.

(d) (1) An applicant for employment or an employee who is
subject to an unfair immigration-related practice that is prohibited
by this section, or a representative of that applicant for employment
or employee, may bring a civil action for equitable relief and any
applicable damages or penalties.

(2) An applicant for employment or an employee who is subject
to any unfair immigration-related practice that is prohibited by
this section, and who prevails in an action authorized by this
section, shall recover his or her reasonable attorney’s fees and
costs, including any expert witness costs.

end insert

begin delete

SECTION 1.  

Section 12952 is added to the Government Code,
to read:

12952.  

It is an unlawful employment practice for an employer
to request more or different documents than are required under
Section 1324a(b) of Title 8 of the United States Code, or to refuse
to honor documents tendered that on their face reasonably appear
to be genuine, or to discriminate against an immigrant with
authorization to work based upon the specific status or term of
status that accompanies the authorization to work, or to attempt
to reinvestigate or reverify an incumbent employee’s authorization
to work unless required to do so by federal law or authority.

end delete