SB 166

Current law prohibits discrimination in employment on the basis of age, race,

creed, color, disability, marital status, sex, national origin, ancestry, sexual

orientation, arrest or conviction record, military service, use or nonuse of a lawful

product off the employer's premises during nonworking hours, or declining to attend

a meeting or to participate in any communication about religious or political matters.

Current law specifies that it is an act of employment discrimination to: 1) refuse to

hire or employ an individual because of any of those bases; or 2) print or circulate or

cause to be printed or circulated any statement, advertisement, or publication, use

any form of application for employment, or make any inquiry in connection with

prospective employment that implies or expresses any discrimination because of any

of those bases.

This bill prohibits employment discrimination based on employment status,

which the bill defines as the status of being employed or unemployed. The bill

specifies that employment discrimination because of employment status includes an

employer, employment agency, or other person: 1) refusing to hire or employ an

individual because the individual is currently unemployed; and 2) printing or

circulating or causing to be printed or circulated any statement, advertisement, or

publication, using any form of application for employment, or making any inquiry in

connection with prospective employment that states or suggests that the

qualifications for a job include currently being employed, that the employer,

employment agency, or other person will not consider or review an application for

employment submitted by an individual who is currently unemployed, or that the

employer, employment agency, or other person will only consider or review an

application for employment submitted by an individual who is currently employed.

The bill, however, provides that it is not employment discrimination because of

employment status for an employer, employment agency, or other person to print or

circulate or cause to be printed or circulated any statement, advertisement, or

publication or to use any form of application for employment that sets forth any bona

fide occupational qualifications for a job, including the holding of a professional or

occupational credential or the possession of a minimum level of education, training,

or experience, or that states that only individuals who are currently employed by the

employer, employment agency, or other person will be considered for a job.