BILL ANALYSIS �
AJR 38
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Date of Hearing: April 23, 2014
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hern�ndez, Chair
AJR 38 (Salas) - As Introduced: February 19, 2014
SUBJECT : Fair employment and housing: military and veteran
status.
SUMMARY : Requests Congress to pass and the President to sign
Senate Bill 1281 and House Resolution 2654, related to veterans
and service members employment and housing rights, and
encourages the members of the California Congressional
Delegation to join as co-authors on those measures.
Specifically, this resolution makes the following findings and
declarations :
1)Fewer than 7 percent of Americans have ever served in the
United States Armed Forces and less than 1 percent wears the
uniform today. Taken as a group, military members and veterans
are in the minority. While other minority groups enjoy certain
protections and advantages under the law, those who have
served and fought for their country currently enjoy no such
comprehensive legal consideration; and
2)Frequently those who have served and sacrificed are at a
disadvantage in comparison to their peers and employment is
often the first obstacle that veterans must overcome during
their transition from the military to civilian life; and
employment is often the lynchpin that holds families and lives
together; and
3)The value and importance of appropriate, living wage
employment cannot be underestimated in the overall transition
from the military to the civilian workforce and the best
approach for dealing with transition issues is a holistic
approach, which takes into account that employment is an
integral facet of a veteran's overall continuum of well-being.
The negative effects of long-term unemployment are especially
devastating to service members who may also be suffering from
additional stressors such as: repeated deployments, marital
discord, domestic violence, multiple moves, substance abuse,
depression, post-traumatic stress disorder, homelessness, or
suicidal thoughts; and
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4)It is not unusual for veterans transitioning from military to
civilian employment to enter the workforce years behind their
high school or college classmates, and while their
contemporaries have completed college, held internships,
entered the workforce, established expertise in their fields,
and built a professional network of contacts, those who have
served, regardless of experience or rank, are often forced to
begin their civilian careers at or near the bottom of the
employment ladder; and
5)Even though veterans bring a wealth of valuable experiences to
the workforce, their time in the military may often not be
understood or appreciated by civilian employers.
Misperceptions about veterans greatly contribute to high
levels of veteran unemployment and under-employment; and
6)Veterans must also overcome the negative press about the
effects and repercussions of prolonged wars, such as
post-traumatic stress disorder, traumatic brain injury, and
other mental health issues affecting increasing numbers of
returning veterans, and there is a common perception of
veterans as "ticking time bombs," "unstable and dangerous," or
"damaged goods"; and
7)It is recognized that the practice of denying employment
opportunity and discriminating in the terms of employment for
these reasons foments domestic strife and unrest, deprives the
state of the fullest utilization of its capacities for
development and advancement, and substantially and adversely
affects the interests of employees, employers, and the public
in general; and
8)The Legislature deems it important to the state to protect and
safeguard the right and opportunity of all persons to seek,
obtain, and hold employment without discrimination or
abridgment on account of race, religious creed, color,
national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status; and
9)The Legislature passed Assembly Bill 556 (Chapter 691 of the
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Statutes of 2013), which added military and veteran status to
the California Fair Employment and Housing Act; and
10)The State of California urges the government of the United
States to enact similar protections at the federal level in
acknowledgment of the tremendous sacrifices our veterans have
made for this nation and to ensure that veterans enjoy the
same legally mandated, nondiscriminatory access to housing,
employment, and training opportunities as are afforded to
other deserving individuals; and
11)Pending legislation, Senate Bill 1281 by Senator Blumenthal
and House Resolution 2654 by Representative Kilmer seek to
accomplish these aims at the federal level.
FISCAL EFFECT : None
COMMENTS : Last year the Governor signed into law, AB 556
(Salas) which added military and veteran status, as defined, to
the list of categories protected from employment discrimination
under the California Fair Employment and Housing Act, among
other things.
This bill seeks to urge congress to expand protections offered
to members of the armed forces, both active and reserve,
National Guard, and veterans of the armed forces and National
Guard to mirror those of AB 556, which is more inclusive than
current federal legislation.
According to the author, AB 556 was intended to offer
protections for all aspects of employment including during job
interviews, training that leads to employment, once employment
is granted, and membership in labor unions. Existing federal
law affords certain rights against employment discrimination to
both active duty military and veterans, although not as broadly
as AB 556 provides, or Senate Bill 1281 by Senator Richard
Blumenthal and House Resolution 2654 by Representative Derek
Kilmer would provide.
RELATED LEGISLATION :
AB 556 (Salas) Chapter 691, Statutes of 2013 prohibits
employment discrimination against all active duty military and
veterans of the Armed Services.
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REGISTERED SUPPORT / OPPOSITION :
Support
AM-VETS
Opposition
None on file.
Analysis Prepared by : Lorie Alvarez / L. & E. / (916)
319-2091