California 2017-2018 Regular Session Status: Enacted 2 D cosponsors

AB 1008 — Employment discrimination: conviction history.

Last action — Chaptered by Secretary of State - Chapter 789, Statutes of 2017.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2017. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the California Fair Employment and Housing Act (FEHA) , prohibits an employer from engaging in various defined forms of discriminatory employment practices. Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law also prohibits a state or local agency from asking an applicant for employment to disclose information regarding a criminal conviction, except as specified, until the agency has determined the applicant meets the minimum employment qualifications for the position. This bill would repeal the prohibition on a state or local agency from asking an applicant for employment to disclose information regarding a criminal conviction, as described above. The bill would, instead, provide it is an unlawful employment practice under FEHA for an employer with 5 or more employees to include on any application for employment any question that seeks the disclosure of an applicant's conviction history, to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer, and, when conducting a conviction history background check, to consider, distribute, or disseminate information related to specified prior arrests, diversions, and convictions. This bill would also require an employer who intends to deny an applicant a position of employment solely or in part because of the applicant's conviction history to make an individualized assessment of whether the applicant's conviction history has a direct and adverse relationship with the specific duties of the job, and to consider certain topics when making that assessment. The bill would require an employer who makes a preliminary decision to deny employment based on that individualized assessment to provide the applicant written notification of the decision. The bill would require the notification to contain specified information. The bill would grant an applicant 5 business days to respond to that notification before the employer may make a final decision. If the applicant notifies the employer in writing that he or she disputes the accuracy of the conviction history and is obtaining evidence to support that assertion, the bill would grant the applicant an additional 5 business days to respond to the notice. The bill would require an employer to consider information submitted by the applicant before making a final decision. The bill would require an employer who has made a final decision to deny employment to the applicant to notify the applicant in writing of specified topics. The bill would exempt specified positions of employment from the provisions of the bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 789, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 42. Noes 30. Page 3483.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 13. Page 2855.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered returned to second reading.

  11. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).

  12. In committee: Referred to APPR. suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 11).

  15. From committee: Do pass and re-refer to Com. on JUD. (Ayes 3. Noes 1.) (June 28). Re-referred to Com. on JUD.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.

  17. Referred to Coms. on L. & I.R. and JUD.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 33. Page 2071.)

  20. Read second time. Ordered to third reading.

  21. Assembly Rule 63 suspended. (Ayes 52. Noes 24. Page 1776.)

  22. Read second time and amended. Ordered returned to second reading.

  23. From committee: Amend, and do pass as amended. (Ayes 11. Noes 6.) (May 26).

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (May 3). Re-referred to Com. on APPR.

  26. Re-referred to Com. on L. & E.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  28. Referred to Com. on L. & E.

  29. From printer. May be heard in committee March 19.

  30. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on · 20 voted No

Sponsors (1)

  • McCarty

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1008 MCCARTY Concurrence in Senate Amendments

Passed 42 Yea · 30 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 322105
Democratic 10302
Republican 0600
Total 423007
% of votes cast 53%38%0%9%
How each member voted (79)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Maienschein — Nay
Mathis — Nay
Mullin — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Bocanegra — Yea
Rubio — Yea
Holden — Yea
Jones-Sawyer — Yea
Chau — Yea
Fong — Nay
Salas — Nay
Kiley — Nay
Levine — Yea
Low — Yea
Gray — Nay
Mayes — Nay
McCarty — Yea
Medina — Yea
Melendez — Nay
Baker — Nay
Chiu — Yea
Chu — Yea
Cooley — Nay
Nazarian — Yea
Obernolte — Nay
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Nay
Thurmond — Yea
Voepel — Nay
Waldron — Nay
Wood — Yea
Frazier — Not Voting
Harper — Nay
Chávez — Not Voting
Cooper — Not Voting
O'Donnell — Not Voting
Eggman — Yea
Cunningham — Nay
Dababneh — Yea
Daly — Not Voting
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Nay
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB1008 McCarty et al. By Bradford

Passed 27 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 231200
Democratic 4100
Total 271300
% of votes cast 68%33%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hernandez — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Newman — Yea
Pan — Yea
Wilk — Nay
Dodd — Yea
Cannella — Nay
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Hill — Yea
Mitchell — Yea
De León — Yea
Allen — Yea
Bates — Nay
Bradford — Yea
Lara — Yea
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Roth — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Atkins — Yea
Fuller — Nay
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Hill — Yea
Lara — Yea
Nielsen — Nay
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1008 MCCARTY Assembly Third Reading

Passed 41 Yea · 33 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 7701
Unaffiliated 342104
Republican 0501
Total 413306
% of votes cast 51%41%0%8%
How each member voted (80)
Member Party Vote
Bigelow — Nay
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Maienschein — Nay
Melendez — Nay
Nazarian — Yea
Obernolte — Nay
Santiago — Yea
Voepel — Nay
Waldron — Nay
Burke — Yea
Chau — Yea
Chiu — Yea
Cunningham — Nay
Friedman — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Gomez — Yea
Holden — Yea
Low — Yea
Bocanegra — Yea
Rubio — Yea
Mathis — Nay
Mayes — Nay
McCarty — Yea
Medina — Yea
Fong — Nay
Salas — Nay
Mullin — Yea
Gray — Nay
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Acosta — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Baker — Nay
Chávez — Nay
Cooper — Not Voting
O'Donnell — Not Voting
Steinorth — Nay
Chu — Yea
Eggman — Yea
Cooley — Not Voting
Dababneh — Yea
Daly — Yea
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Nay
Berman, Marc Democratic Not Voting
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Democratic 4100
Republican 0100
Total 11600
% of votes cast 65%35%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Quirk — Yea
McCarty — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Gray — Nay
Obernolte — Nay
Friedman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Nay
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1008 do?
Existing law, the California Fair Employment and Housing Act (FEHA) , prohibits an employer from engaging in various defined forms of discriminatory employment practices. Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law also prohibits a state or local agency from asking an applicant for employment to disclose information regarding a criminal conviction, except as specified, until the agency has determined the applicant meets the minimum employment qualifications for the position. This bill would repeal the prohibition on a state or local agency from asking an applicant for employment to disclose information regarding a criminal conviction, as described above. The bill would, instead, provide it is an unlawful employment practice under FEHA for an employer with 5 or more employees to include on any application for employment any question that seeks the disclosure of an applicant's conviction history, to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer, and, when conducting a conviction history background check, to consider, distribute, or disseminate information related to specified prior arrests, diversions, and convictions. This bill would also require an employer who intends to deny an applicant a position of employment solely or in part because of the applicant's conviction history to make an individualized assessment of whether the applicant's conviction history has a direct and adverse relationship with the specific duties of the job, and to consider certain topics when making that assessment. The bill would require an employer who makes a preliminary decision to deny employment based on that individualized assessment to provide the applicant written notification of the decision. The bill would require the notification to contain specified information. The bill would grant an applicant 5 business days to respond to that notification before the employer may make a final decision. If the applicant notifies the employer in writing that he or she disputes the accuracy of the conviction history and is obtaining evidence to support that assertion, the bill would grant the applicant an additional 5 business days to respond to the notice. The bill would require an employer to consider information submitted by the applicant before making a final decision. The bill would require an employer who has made a final decision to deny employment to the applicant to notify the applicant in writing of specified topics. The bill would exempt specified positions of employment from the provisions of the bill.
Who sponsors AB 1008?
AB 1008 is sponsored by Bradford, Gipson, Mike A. (Democratic), Holden, McCarty, Reyes, Eloise Gómez (Democratic), and Weber.
What is the current status of AB 1008?
This bill has been enacted into law. Introduced February 16, 2017. Enacted.
Where can I track AB 1008?
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