California 2019-2020 Regular Session

California Senate Bill SB1241

Introduced
2/20/20  

Caption

Discrimination in employment: employment tests and selection procedures.

Impact

By enacting SB 1241, the bill seeks to create a safer legal environment for employers when implementing testing procedures for hiring and promotion. Employers will have the opportunity to provide evidence that their assessments are effective and equitable. They are required to maintain comprehensive records of their selection processes and be accountable to the Department of Fair Employment and Housing upon request. This could potentially streamline the legal landscape regarding employment tests, which has been fraught with litigation over claims of bias and discrimination.

Summary

Senate Bill 1241, introduced by Senator Lena Gonzalez alongside notable coauthors, aims to amend the Government Code by adding Sections 12954 and 12954.2. The core intention of the bill is to establish a presumption against discrimination in employment decisions based on tests or selection procedures, provided that these procedures comply with specific criteria. The bill mandates that any test or procedure used for hiring or promotion must be job-related and necessary for business, ensuring that the testing methods do not lead to a disparate impact on protected classes unless justified by business necessity.

Contention

However, the bill may attract criticism and debate, especially regarding how the presumption of no discrimination is established and monitored. Critics may argue that allowing presumption of non-discrimination could lead to complacency among employers, potentially overlooking systemic issues of bias in their assessment methods. Furthermore, there are concerns about the expectations placed on employers to demonstrate compliance, and what recourse individuals from protected classes may have in cases they feel were unjustly impacted by these policies.

Companion Bills

No companion bills found.

Previously Filed As

CA SB700

Employment discrimination: cannabis use.

CA SB1264

Employment discrimination: cannabis use.

CA AB2499

Employment: unlawful discrimination and paid sick days: victims of violence.

CA SB809

California Fair Employment and Housing Act: Fair Chance Act: conviction history.

CA SB1345

Employment discrimination: criminal history information.

CA SB403

Discrimination on the basis of ancestry.

CA AB2335

Public employment: compensation and classification.

CA SB876

Employment discrimination.

CA SB1321

Employment Training Panel: employment training program: projects and proposals.

CA AB524

Discrimination: family caregiver status.

Similar Bills

CA ACR125

Bias and discrimination in hiring reduction through new technology.

CT SB00002

An Act Concerning Artificial Intelligence.

NC H645

Friendly NC Act

VA HB2046

High-risk artificial intelligence; development, deployment, and use by public bodies, report.

TX HB1709

Relating to the regulation and reporting on the use of artificial intelligence systems by certain business entities and state agencies; providing civil penalties.

CA AB2930

Automated decision systems.

CA AB2542

Criminal procedure: discrimination.

TX HB5135

Relating to prohibition of discrimination by governmental entities based on immutable characteristics.