BILL NUMBER: SB 1001	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

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  12952 to the Government 
 1019.1 to the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


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

   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. 
   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.  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. 
   This bill would make it  an unlawful employment practice
  unlawful  for an employer  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.   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 subj
  ect 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1019.1 is added to the 
 Labor Code   , to read:  
   1019.1.  (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.  
  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.