AB 1383
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 1383 (Jones) – As Amended April 20, 2015
SUBJECT: Veterans preferences: voluntary policy
SUMMARY: Establishes the "Voluntary Veterans' Preference Employment Policy Act" for
employers to grant a veteran preference in hiring, and expands the veteran’s preference exception
to all veterans, regardless of when they served.
EXISTING LAW:
1) Provides that it is unlawful for any employer to discriminate against, to refuse to hire or
employ a person or to refuse to select or train that person in any apprenticeship training
program or any other training program leading to employment because of the race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of the person discriminated
against.
2) Provides that it is unlawful for an employer, labor organization, employment agency,
apprenticeship training program or any training program leading to employment, or any other
person, because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status, to harass
an employee, an applicant, or a person providing services pursuant to a contract.
3) Allows employers, under the California Fair Employment and Housing Act (FEHA) to use
veterans' status as a factor in employee selection or to give special consideration to Vietnam–
era veterans.
FISCAL EFFECT: Unknown
COMMENTS: The author points out, that currently California already has a veteran’s
preference exception in Gov. Code 12940(a)(4) and argues the problem with the existing law is
that it is arguably outdated and narrow. In its current state, this veteran’s preference exception
only applies to Vietnam War era veterans and only immunizes employers from gender
discrimination claims. This is problematic because the amount of Vietnam War era veterans
who are looking to utilize this preference exception is steadily declining due to the fact that many
of these veterans are no longer searching for employment. Also it omits any veteran that did not
serve in the Vietnam War era and clearly limits the amount of people who can use this veteran’s
preference.
The author is seeking to correct an outdated law, which only allows for a business to create a
preference for Vietnam War era veterans. While the original legislation was relevant when first
adopted, the existing law is now lacking because it only provides preference to Vietnam War era
veterans, and does not encompass all veterans.
AB 1383
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According to the National Conference of State Legislatures (NCSL), similar veteran’s preference
laws have recently been enacted in Arkansas, Florida, Idaho, Iowa, Maine, Massachusetts,
Minnesota, North Dakota, South Carolina, Virginia and Washington. Also, similar measures are
currently pending in Alaska, Indiana, Montana, Nebraska, New Hampshire, Oklahoma, South
Dakota, Tennessee, Texas, and Utah.
Supporters state that despite the popular nature of these bills and a universal desire to assist
veterans, some employers and human resource professionals have expressed concern that
exercising such a preference might inadvertently create litigation under state or local antidiscrimination laws. This law allows an employer to establish a voluntary veterans hiring
preference policy and clarifies that exercising such a preference would not violate state or local
anti-discrimination laws. Lastly they state that by limiting this preference to hiring decisions,
this bill is narrowly focused and intended to remedy the immediate problem of higher than
normal unemployment rates for veterans and removes veteran-related hiring barriers.
REGISTERED SUPPORT / OPPOSITION:
Support
American Legion-Department of California
AMVETS-Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
California State Council of SHRM
Military Officers Association of America, California Council of Chapter's
Office of the Deputy Assistant Secretary of Defense-Military, Community & Family Policy
Society for Human Resource Management
VFW, Department of California
Vietnam Veterans of America, California State Council
Opposition
None on file.
Analysis Prepared by: Lorie Alvarez / L. & E. / (916) 319-2091