Today's Law As Amended


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AB-984 Use of age information in employment.(2015-2016)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) According to studies, the Great Recession led to large increases in unemployment rates and unemployment durations for workers of all ages, but unemployment durations rose far more for older workers than for younger workers.
(b) Statistics from the U.S. Equal Employment Opportunity Commission show that in 2011, the commission received 23,465 formal filings alleging age discrimination, an increase of 35 percent from 2001.
(c) Age discrimination in any form is contrary to state policy and discrimination on the basis of age in employment is a violation of law.
(d) Despite being against state law and policy, age discrimination continues to exist and is facilitated through public distribution of a job applicant’s or potential applicant’s birth and age information.

SEC. 2.

 Chapter 2.7 (commencing with Section 990) is added to Part 3 of Division 2 of the Labor Code, to read:

CHAPTER  2.7. Commercial Online Entertainment Employment Service Providers
990.
 (a) An employer shall not use information obtained on an Internet Web site regarding a person’s age in making any employment decision regarding that person, whether an applicant for employment or an employee.
(b) A commercial online entertainment employment service provider that knowingly accepts payment from persons in California in exchange for posting their resumes and professional photos online shall be considered as doing business in this state and subject to the antidiscrimination laws of California.
(c) For purposes of this chapter, the following definitions apply:
(1) “Commercial online entertainment employment service provider” means a person or business that owns, licenses, or otherwise possesses computerized data that includes personal information of people employed in the entertainment industry, including television, films, and video games, and that makes the personal information available to the public or potential employers.
(2) “Payment” means for a fee in exchange for advertisements, or any other form of compensation or benefit.