AB 1397,
as amended, Committee on Veterans Affairs. begin deleteCalifornia National Guard and United States Military Reserve: employment protections. end deletebegin insertState civil service: veterans preference data.end insert
The California Constitution requires civil service appointments to be made under a general system based on merit ascertained by competitive examination. The California Constitution allows the Legislature to provide preference for veterans and their surviving spouses. Under existing law, whenever any veteran achieves a passing score on an entrance examination, the veteran is required to be ranked in the top rank of the resulting eligibility list.
end insertbegin insertExisting law requires the Department of Human Resources (department) to, among other things, review, examine the validity of, and update qualifications standards, selection devices, including oral appraisal panels, and career advancement programs.
end insertbegin insertThis bill would additionally include the veterans preference system among those selection devices.
end insertbegin insertExisting law requires the department to maintain a statistical information system designed to yield the data and the analysis necessary for the evaluation of equal employment opportunity within the state civil service. Existing law requires the statistical information to include specific data to determine the underutilization of groups based on race, ethnicity, gender, and disability.
end insertbegin insertThis bill would additionally require that statistical information to include specific data to determine the underutilization of groups based on veteran status, as specified. The bill would also require that data analysis to include specific information pertaining to veteran status.
end insertExisting federal law prohibits a person who is a member of, applies to be a member of, or who performs, has performed, applies to perform, or has an obligation to perform service in, a uniformed service, from being subject to adverse employment actions on the basis of that membership, application for membership, performance of service, application for service, or obligation. Existing federal law entitles any person whose absence from a position of employment is necessitated by reason of service in the uniformed services to reemployment rights and other benefits if certain requirements are met.
end deleteExisting law prohibits, among other things, an employer from discharging any person from employment because of the performance of any ordered military duty or training or by reason of being an officer or warrant officer, or enlisted member of the military or naval forces of this state, or prejudicing or harming him or her in any manner in his or her employment, position, or status by reason of performance of military service or duty or attendance at military encampments or places of drill or instruction.
end deleteExisting law entitles a member of the reserve corps of the Armed Forces of the United States or of the National Guard or the Naval Militia to a temporary military leave of absence while engaged in military duty, and prohibits employers from restricting or terminating any collateral benefit for employees because of an employee’s temporary incapacitation incident to duty in the National Guard or Naval Militia.
end deleteThis bill would declare the intent of the Legislature to enact legislation to enhance, clarify, and strengthen the employment protections afforded to members of the California National Guard or the United States Military Reserve in California.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 19792 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert
The department shall do all of the following:
4(a) Provide statewide leadership, designed to achieve equal
5employment opportunity in the state civil service.
6(b) Develop, implement, and maintain equal employment
7opportunity guidelines.
8(c) Provide technical assistance to state agencies in the
9development and implementation of their equal employment
10opportunity programs.
11(d) Review and evaluate departmental equal employment
12opportunity programs to ensure that they comply with state and
13federal statutes and regulations.
14(e) Establish programs to ensure equal employment opportunity
15for all state job applicants and employees through broad, inclusive
16recruitment efforts and other measures as allowed by law.
17(f) Provide statewide training to departmental equal employment
18opportunity officers who will conduct training on equal
19employment opportunity.
20(g) Review, examine the validity of, and update qualifications
21standards, selection devices, including oral appraisal panelsbegin insert and
22veterans preference systems,end insert and career advancement programs.
23(h) Maintain a statistical information system designed to yield
24the data and the analysis necessary for the evaluation of equal
25employment opportunity within the state civil service.
The
26statistical information shall include specific data to determine the
27underutilization of groups based on race, ethnicity, gender,begin delete andend delete
28 disabilitybegin insert, and veteran statusend insert. The statistical information shall be
29made available during normal working hours to all interested
30persons. Data generated on a regular basis shall include, but not
31be limited to, all of the following:
32(1) Current state civil service workforce composition by race,
33ethnicity, gender, age, begin insertveteran status, end insertdepartment, salary level,
34occupation, and attrition rates by occupation.
35(2) Current local and regional workforce and
population data
36for groups based on race, ethnicity, gender, and age.
37(i) The data analysis referred to in subdivision (h) above shall
38include, but not be limited to, all of the following:
P4 1(1) Data relating to the utilization of groups based on race,
2ethnicity, and gender compared to their availability in the relevant
3labor force.
4(2) Turnover data by department and occupation.
5(3) Data relating to salary administration, including average
6salaries for groups based on race, ethnicity, gender, and disability
7and comparisons of salaries within state service and comparable
8state employment.
9(4) Data on employee age, and salary level compared among
10groups based on race, ethnicity, gender, and
disability.
11(5) Data on the number of individuals of each race, ethnicity,
12gender, and disability who are recruited for, participate in, and
13pass state civil service examinations. This data shall be analyzed
14pursuant to the provisions of Sections 19704 and 19705.
15(6) Data on the job classifications, geographic locations,
16separations, salaries, and other conditions of employment that
17provide additional information about the composition of the state
18civil service workforce.
19(j) The data analysis referred to in subdivision (h) shall also
20include, but not be limited to, all of the following pertaining to
21veteran status:
22(1) Data relating to the utilization of veterans
compared to their
23availability in the relevant labor force.
24(2) Turnover data by department and occupation.
end insertbegin insert
25(3) Data relating to salary administration, including average
26salaries for veterans and comparisons of salaries within state
27service and comparable state employment.
28(4) Data on employee age, and salary level compared among
29groups based on veteran status.
30(5) Data on the number of veterans who are recruited for,
31participate in, and pass state civil service examinations. This data
32shall be analyzed pursuant to the provisions of Sections 19704
33and 19705.
34(6) Data on the job classifications, geographic locations,
35separations, salaries, and other conditions of employment that
36provide
additional information about veterans in the state civil
37service workforce.
The Legislature finds and declares all of the
39following:
P5 1(a) (1) The jobs of the nation’s citizen soldiers in the California
2National Guard or the United States Military Reserve are supposed
3to be safe while they are serving their country. Neither federal nor
4state law authorizes employers to penalize service members for
5attending to their military duties.
6(2) In spite of existing legal protections, every year, thousands
7of California National Guard or United States Military Reserve
8troops returning from Afghanistan and elsewhere come home only
9to find they have been replaced, demoted, denied benefits, or denied
10seniority.
11(3) These adverse employment actions have contributed to
12historically high rates of joblessness among returning California
13National Guard or United States Military Reserve members.
14(4) Many of those considering military service in the California
15National Guard or the United States Military Reserve will be
16deterred from entering the military
absent a guarantee that their
17civilian jobs will be safe on their return from active service.
18(b) In light of the fact that members of the California National
19Guard or the United States Military Reserve in California continue
20to experience both overt and subtle forms of discrimination in
21employment, it is the intent of the Legislature to enact legislation
22to enhance, clarify, and strengthen the employment protections
23afforded to them in California.
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