BILL ANALYSIS                                                                                                                                                                                                    ”



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1001 (Mitchell) - Employment:  unfair practices
          
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          |Version: March 28, 2016         |Policy Vote: JUD. 5 - 1, L. &   |
          |                                |          I.R. 4 - 1            |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: April 25, 2016    |Consultant: Robert Ingenito     |
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          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  
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          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  
          (HernŠndez, 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 (HernŠndez, 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  
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          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.


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