BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1001 (Mitchell) - Employment: unfair practices ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 28, 2016 |Policy Vote: JUD. 5 - 1, L. & | | | I.R. 4 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 25, 2016 |Consultant: Robert Ingenito | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 1001 would prohibit an employer or any other person or entity from discriminating against or engaging in unfair immigration-related practices, as defined, against an applicant or employee or from reinvestigating or reverifying an incumbent employee's authorization to work unless required to do so by federal law. Fiscal Impact: The Department of Industrial Relations (DIR) indicates that it would incur costs of up to $473,000 annually (special funds) to implement the provisions of the bill. SB 1001 (Mitchell) Page 1 of ? Background: Current law provides protections, rights, and remedies available under state law to all individuals, regardless of immigration status, who have applied for employment, or who are or who have been employed, in this state. Further, California's labor laws provide anti-retaliation protection for employees who make claims against their employers for violations of labor laws. To provide protection for undocumented workers laying claims against their employers for wage and hour violations, AB 263 (Hernández, Chapter 732, Statutes of 2013) prohibited an employer or any other person or entity from engaging in unfair immigration-related practices, as defined, for the purpose of retaliation against any person who exercises any rights under the Labor Code. That same year, SB 666 (Steinberg, Chapter 577, Statutes of 2013), among other things, specified that an individual is not required to exhaust administrative remedies or procedures in order to bring a civil action under the Labor Code, unless expressly required to do so, and prohibited an employer from reporting or threatening to report a job applicant's, employee's, or former employee's, or family member's, as specified, suspected citizenship or immigration status because the person exercised a right under state law. The following year, AB 2751 (Hernández, Chapter 79, Statutes of 2014) clarified the award of a civil penalty of up to $10,000 against an employer who discriminates, retaliates, or takes any adverse action against an employee or applicant for employment, who exercises a right protected under local and state labor and employment laws, including employers who unlawfully engage in unfair-immigration-related employment practices in retaliation against an employee exercising his or her rights under the Labor Code. Last year, AB 1065 (Chiu, 2015) was introduced to provide protection under the Fair Employment and Housing Act against employers who refuse to honor documents or discriminate against an immigrant with authorization to work based upon the specific statutes or term of status that accompanies the authorization to work. The introduced version of this bill was substantially similar to AB 1065, which was held on suspense in the Assembly Appropriations Committee. SB 1001 (Mitchell) Page 2 of ? Proposed Law: This bill would prohibit an employer or any other person or entity from engaging in unfair immigration-related practices, as defined, against an applicant for employment or employee. Additionally, the bill would prohibit (1) an employer from reinvestigating or reverifying an incumbent employee's authorization to work unless required to do so by federal law or authority, and (2) discrimination against an applicant or employee with authorization to work based upon the specific status or term of status that accompanies the authorization to work. Finally, the bill would authorize a private right of action for equitable relief, damages, and penalties by an applicant or employee against an employer or any other person or entity who engages in unfair immigration-related practices. Staff Comments: This bill closely mirrors protections created by AB 263 (Statutes of 2013) which made threats against immigration status, and reverification of work authorization, an unlawful immigration related practice. SB 1001 would extend those protections to applicants as well. This would significantly widen the pool of potential claimants; however, the number of claimants would actually avail themselves of such a protection is unknown. Consequently, DIR estimates needing between $145,000 to $473,000 annually to accommodate the potential increased workload. -- END --