Today's Law As Amended

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AB-676 Employment: discrimination: status as unemployed.(2015-2016)



SECTION 1.

 Section 432.4 is added to the Labor Code, to read:

432.4.
 (a) For the purposes of this section:
(1) “Employer” means the state or any political or civil subdivision of the state and any person, as defined in Section 18, who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person.
(2) “Employment status” means an individual’s present unemployment, regardless of the length of time that the individual has been unemployed.
(b) An employer shall not do either of the following:
(1) Publish in print, on the Internet, or in any other medium, an advertisement or announcement for any job that includes a provision stating or indicating that an unemployed person is not eligible for the job.
(2) Ask an applicant to disclose, orally or in writing, the applicant’s employment status until the employer has determined that the applicant meets the minimum employment qualifications for the position, as stated in the published notice for the job.
(c) This chapter shall not be construed to prohibit an employer from:
(1) Publishing in print, on the Internet, or in any other medium, an advertisement or announcement for any job that contains any provision setting forth qualifications for a job, including:
(A) Holding a current and valid professional or occupational license, certificate, registration, permit, or other credential.
(B) Requiring a minimum level of education or training, or professional, occupational, or field experience.
(C) Stating that only individuals who are current employees of the employer will be considered for that job.
(2) Setting forth qualifications for any job, including:
(A) Holding a current and valid professional or occupational license, certificate, registration, permit, or other credential.
(B) Requiring a minimum level of education or training, or professional, occupational, or field experience.
(C) Stating that only individuals who are current employees of the employer will be considered for that job.
(3) Obtaining information regarding an individual’s employment, including recent relevant experience.
(4) Having knowledge of a person’s employment status.
(5) Inquiring as to the reasons for an individual’s employment status.
(6) Refusing to offer employment to a person because of the reasons underlying an individual’s employment status.
(7) Otherwise making employment decisions pertaining to that individual.
(d) Section 433 does not apply to this section.
(e) This section shall become operative on July 1, 2016.