SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 4

INTRODUCED BY SENIOR ASSEMBLY MEMBER HAAS

(COAUTHOR: SENIOR SENATOR FINGOLD)

LEGISLATIVE COUNSEL'S DIGEST

AFP 4: EQUAL EMPLOYMENT OPPORTUNITY.

EXISTING FEDERAL LAW, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AND THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, PROHIBIT DISCRIMINATION IN EMPLOYMENT BASED ON A NUMBER OF DEFINED CHARACTERISTICS, SUBJECT TO NARROW EXCEPTIONS. THESE ACTS PROHIBIT DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN AND DISCRIMINATION IN EMPLOYMENT BECAUSE OF AGE, RESPECTIVELY.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD AMEND THE CIVIL RIGHTS ACT OF 1964 TO PROHIBIT DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF A PERSON’S EMPLOYMENT STATUS.

VOTE: MAJORITY.

AFP 4: RELATING TO EQUAL EMPLOYMENT OPPORTUNITY

WHEREAS, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 PROHIBITS DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN; AND

WHEREAS, THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AS AMENDED, PROHIBITS DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF AGE; AND

WHEREAS, MANY EMPLOYERS CURRENTLY OPERATE PURSUANT TO A LAST HIRED, FIRST FIRED, FIRST REHIRED POLICY WITHOUT REGARD TO QUALIFICATIONS IN DETERMINING WHICH APPLICANTS TO REEMPLOY; AND

WHEREAS, THE TERM “EMPLOYMENT STATUS” REFERS TO A PERSON’S CURRENT CONDITION OF BEING EMPLOYED OR UNEMPLOYED, WITH NO CONSIDERATION OF THE REASON FOR UNEMPLOYMENT OR NATURE OF PRIOR EMPLOYMENT; AND

WHEREAS, CONSIDERING A PERSON’S EMPLOYMENT STATUS IN HIS OR HER ELIGIBILITY FOR A JOB IS OF LITTLE VALUE IN DETERMINING THAT PERSON’S QUALIFICATIONS FOR A JOB AND HAS THE EFFECT OF CREATING A PERPETUALLY UNEMPLOYED CLASS OF CITIZENS; AND

WHEREAS, PERIODS OF UNEMPLOYMENT ARE GENERALLY LONGER FOR OLDER WORKERS AND ONCE OLDER WORKERS ARE UNEMPLOYED THEY ARE MORE LIKELY TO STAY UNEMPLOYED; AND

WHEREAS, THE UNEQUAL IMPACT CAUSED BY CONSIDERING EMPLOYMENT STATUS IN HIRING DECISIONS HAS AN INCREASED NEGATIVE IMPACT ON OLDER WORKERS AND PROVIDES EMPLOYERS WITH A WAY TO CIRCUMVENT EXISTING ANTIDISCRIMINATION LAW BY USING THE SEEMINGLY NONDISCRIMINATORY PRETEXT OF EMPLOYMENT STATUS AS A BACKDOOR TO DISCRIMINATE ON THE BASIS OF AGE; AND

WHEREAS, PROHIBITING DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF EMPLOYMENT STATUS PROTECTS ALL UNEMPLOYED AMERICANS AND ENSURES THAT EXISTING LAW PREVENTING AGE DISCRIMINATION IN EMPLOYMENT IS NOT CIRCUMVENTED; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE CONGRESS AMEND TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 TO PROHIBIT DISCRIMINATION ON THE BASIS OF EMPLOYMENT STATUS; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

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RN 12 16846