Amended in Assembly August 18, 2016

Amended in Senate March 28, 2016

Senate BillNo. 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 employerbegin 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 attemptingend deletebegin 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, orend insert to reinvestigate or reverify an incumbent employee’s authorization to begin deletework 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 deletebegin insert work, as specified.end insert The bill would authorize an applicant for employment or an employee who is subject to anbegin 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 deletebegin 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:

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SECTION 1.  

Section 1019.1 is added to the Labor Code, to
2read:

3

1019.1.  

(a) It is unlawful for anbegin delete employer or any other person
4or entity to engage in, or to direct another person or entity to engage
5in, an unfair immigration-related practice against an applicant for
6employment or an employee.end delete
begin insert employer, in the course of satisfying
7the requirements of Section 1324a(b) of Title 8 of the United States
8Code, to do any of the following: end insert

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9(b) It is unlawful for an employer or any other person or entity
10to attempt, or to direct another person or entity to attempt,

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11
(1) Request more or different documents than are required under
12Section 1324a(b) of Title 8 of the United States Code.

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13
(2) Refuse to honor documents tendered that on their face
14reasonably appear to be genuine.

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(3) Refuse to honor documents or work authorization based
2upon the specific status or term of status that accompanies the
3authorization to work.

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4begin insert(4)end insertbegin insertend insertbegin insertAttemptend insertbegin insert end insertto reinvestigate or reverify an incumbent employee’s
5authorization to work using an unfair immigration-related practice.

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6(c) It is unlawful and an unfair immigration-related practice for
7an employer or any other person or entity to, or to direct another
8person to, discriminate against an applicant for employment or an
9employee with authorization to work based upon the specific status,
10or term of status, that accompanies the authorization to work.

11(d) (1) An applicant for employment or an employee who is
12subject to an unfair immigration-related practice that is prohibited
13by this section, or a representative of that applicant for employment
14or employee, may bring a civil action for equitable relief and any
15applicable damages or penalties.

16(2) An applicant for employment or an employee who is subject
17to any unfair immigration-related practice that is prohibited by
18this section, and who prevails in an action authorized by this
19section, shall recover his or her reasonable attorney’s fees and
20costs, including any expert witness costs.

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21
(b) (1) Any person who violates this section shall be subject to
22a penalty imposed by the Labor Commissioner and liability for
23equitable relief.

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24
(2) An applicant for employment or an employee who is subject
25to an unlawful act that is prohibited by this section, or a
26representative of that applicant for employment or employee, may
27file a complaint with the Division of Labor Standards Enforcement
28pursuant to Section 98.7.

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29
(3) The penalty recoverable by the applicant or employee, or
30by the Labor Commissioner, for a violation of this section shall
31not exceed ten thousand dollars ($10,000) per violation.

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