Oppose AB 1450 (Allen)

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Sponsor

  • Allen
  • Mendoza
  • Swanson
  • Alejo
  • Ammiano
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Latest Legislative Action

  • September 30, 2012 - Consideration of Governor's veto pending.
  • September 30, 2012 - Vetoed by Governor.
  • September 13, 2012 - Enrolled and presented to the Governor at 12:15 p.m.
  • August 30, 2012 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 29. Page 6628.).
  • August 30, 2012 - Assembly Rule 77 suspended. (Page 6605.)

More Actions

  • August 29, 2012 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.
  • August 29, 2012 - Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 13. Page 4982.).
  • August 22, 2012 - Read second time and amended. Ordered to third reading.
  • August 21, 2012 - From committee: Do pass as amended. (Ayes 5. Noes 2.) (August 16).
  • August 06, 2012 - In committee: Referred to APPR. suspense file.
  • July 05, 2012 - From committee: Do pass and re-refer to Standing Committee on Appropriations. (Ayes 3. Noes 1.) (July 3). Re-referred to Standing Committee on Appropriations.
  • June 28, 2012 - From committee: Do pass and re-refer to Standing Committee on Judiciary. (Ayes 5. Noes 0.) (June 27). Re-referred to Standing Committee on Judiciary.
  • June 14, 2012 - Referred to Coms. on L. & I.R. and JUD.
  • May 31, 2012 - In Senate. Read first time. To Standing Committee on Rules. for assignment.
  • May 30, 2012 - Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 26. Page 5088.)
  • May 25, 2012 - Read second time. Ordered to third reading.
  • May 25, 2012 - From committee: Do pass. (Ayes 12. Noes 5.) (May 25).
  • May 09, 2012 - In committee: Set, first hearing. Referred to APPR. suspense file.
  • April 26, 2012 - Re-referred to Standing Committee on Appropriations.
  • April 25, 2012 - Read second time and amended.
  • April 24, 2012 - From committee: Do pass as amended and re-refer to Standing Committee on Appropriations. (Ayes 7. Noes 3.) (April 17).
  • March 29, 2012 - From committee: Do pass and re-refer to Standing Committee on Judiciary. (Ayes 5. Noes 1.) (March 28). Re-referred to Standing Committee on Judiciary.
  • March 15, 2012 - Re-referred to Standing Committee on Labor and Employment.
  • March 14, 2012 - From committee chair, with author's amendments: Amend, and re-refer to Standing Committee on Labor and Employment. Read second time and amended.
  • January 26, 2012 - Referred to Coms. on L. & E. and JUD.
  • January 06, 2012 - From printer. May be heard in committee February 5.
  • January 05, 2012 - Read first time. To print.

AB 1450 (Allen) will prohibit employers from inquiring into an applicant’s employment history, for fear that any such inquiry will ultimately lead to penalties on the basis that the applicant was discriminated against because the applicant was unemployed. It also unfairly targets state contractors by imposing a three-year debarment from state contracts for violating the provisions of the bill, essentially providing a hiring preference for the unemployed with state contractors. 

AB 1450 prohibits employers from considering an applicant’s current employment status when hiring for an available position. Employers will be barred from asking for information regarding the applicant’s most recent employer such as dates of employment and reasons for separation from employment. Any of these inquiries could reveal that the applicant is currently unemployed, subjecting the prospective employer to fees, penalties, and administrative claims, as well as potential litigation for alleged unfair business practices.

This proposed legislation does not differentiate between those applicants who are unemployed due to their inadequate or insufficient performance, from those applicants who were unfortunately a part of a lay-off. An employer should be allowed to investigate the reasons a person is unemployed, especially to determine if the applicant was recently terminated for serious misconduct. AB 1450, however, would place employers in the impossible situation of either investigating an applicant’s most recent employment, and potentially face an administrative claim, or forego any investigation of the applicant and risk a potential negligent hiring claim on the backend for hiring an at-risk employee that the employer should have known was a potential danger. 

AB 1450 will create a hiring preference for such individuals, especially for state contractors. Instead of basing an employment decision on the actual qualifications of the applicant, employers will likely lean towards an unemployed applicant solely to eliminate any claim of alleged discrimination. This will certainly be the case for state contractors, as AB 1450 unfairly targets these employers by threatening them with three years of debarment.