BILL NUMBER: SB 1001	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2016
	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 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  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 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
 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.   work, as specified. 
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.   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. 
   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.   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: 

   (b) It is unlawful for an employer or any other person or entity
to attempt, or to direct another person or entity to attempt,
 
   (1) Request more or different documents than are required under
Section 1324a(b) of Title 8 of the United States Code.  
   (2) Refuse to honor documents tendered that on their face
reasonably appear to be genuine.  
   (3) Refuse to honor documents or work authorization based upon the
specific status or term of status that accompanies the authorization
to work. 
    (4)     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.  
   (b) (1) Any person who violates this section shall be subject to a
penalty imposed by the Labor Commissioner and liability for
equitable relief.  
   (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.  
   (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.