Amended in Assembly August 18, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1001

Introduced by Senator Mitchell

(Principal coauthor: Assembly Member Chiu)

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(Coauthor: Senator Vidak)

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(Coauthors: Assembly Members Eggman and Thurmond)

February 10, 2016

An act to add Section 1019.1 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

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

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 unlawful for an employer begin delete 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 end delete begin insert to request more or different documents than are required under federal law, to refuse to honor documents tendered that on their face reasonably appear to be genuine, to refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work, or end insert to reinvestigate or reverify an incumbent employee’s authorization to begin delete 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. end delete begin insert work, as specified. end insert The bill would authorize an applicant for employment or an employee who is subject to an begin delete 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 delete begin insert unlawful act that is prohibited by these provisions, or a representative of that applicant for employment or employee, to file a complaint with the Division of Labor Standards Enforcement. The bill would specify that any person who violates these provisions shall be subject to a penalty imposed by the Labor Commissioner not exceeding $10,000, and be liable for equitable relief. 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:

SECTION 1.  

Section 1019.1 is added to the Labor Code, to
read:

1019.1.  

(a) It is unlawful for an begin delete 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. end delete begin insert employer, in the course of satisfying
the requirements of Section 1324a(b) of Title 8 of the United States
Code, to do any of the following: end insert

begin delete

(b) It is unlawful for an employer or any other person or entity
to attempt, or to direct another person or entity to attempt,

end delete begin insert

(1) Request more or different documents than are required under
Section 1324a(b) of Title 8 of the United States Code.

end insert begin insert

(2) Refuse to honor documents tendered that on their face
reasonably appear to be genuine.

end insert begin insert

(3) Refuse to honor documents or work authorization based
upon the specific status or term of status that accompanies the
authorization to work.

end insert

begin insert (4) end insert begin insert   end insert begin insert Attempt end insert begin insert end insert to reinvestigate or reverify an incumbent employee’s
authorization to work using an unfair immigration-related practice.

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(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 delete begin insert

(b) (1) Any person who violates this section shall be subject to
a penalty imposed by the Labor Commissioner and liability for
equitable relief.

end insert begin insert

(2) An applicant for employment or an employee who is subject
to an unlawful act that is prohibited by this section, or a
representative of that applicant for employment or employee, may
file a complaint with the Division of Labor Standards Enforcement
pursuant to Section 98.7.

end insert begin insert

(3) The penalty recoverable by the applicant or employee, or
by the Labor Commissioner, for a violation of this section shall
not exceed ten thousand dollars ($10,000) per violation.

end insert