430-435

LABOR CODE
SECTION 430-435




430.  As used in this article "applicant" means an applicant for
employment.


432.  If an employee or applicant signs any instrument relating to
the obtaining or holding of employment, he shall be given a copy of
the instrument upon request.



432.2.  (a) No employer shall demand or require any applicant for
employment or prospective employment or any employee to submit to or
take a polygraph, lie detector or similar test or examination as a
condition of employment or continued employment. The prohibition of
this section does not apply to the federal government or any agency
thereof or the state government or any agency or local subdivision
thereof, including, but not limited to, counties, cities and
counties, cities, districts, authorities, and agencies.
   (b) No employer shall request any person to take such a test, or
administer such a test, without first advising the person in writing
at the time the test is to be administered of the rights guaranteed
by this section.



432.5.  No employer, or agent, manager, superintendent, or officer
thereof, shall require any employee or applicant for employment to
agree, in writing, to any term or condition which is known by such
employer, or agent, manager, superintendent, or officer thereof to be
prohibited by law.



432.7.  (a) No employer, whether a public agency or private
individual or corporation, shall ask an applicant for employment to
disclose, through any written form or verbally, information
concerning an arrest or detention that did not result in conviction,
or information concerning a referral to, and participation in, any
pretrial or posttrial diversion program, nor shall any employer seek
from any source whatsoever, or utilize, as a factor in determining
any condition of employment including hiring, promotion, termination,
or any apprenticeship training program or any other training program
leading to employment, any record of arrest or detention that did
not result in conviction, or any record regarding a referral to, and
participation in, any pretrial or posttrial diversion program. As
used in this section, a conviction shall include a plea, verdict, or
finding of guilt regardless of whether sentence is imposed by the
court. Nothing in this section shall prevent an employer from asking
an employee or applicant for employment about an arrest for which the
employee or applicant is out on bail or on his or her own
recognizance pending trial.
   (b) Nothing in this section shall prohibit the disclosure of the
information authorized for release under Sections 13203 and 13300 of
the Penal Code, to a government agency employing a peace officer.
However, the employer shall not determine any condition of employment
other than paid administrative leave based solely on an arrest
report. The information contained in an arrest report may be used as
the starting point for an independent, internal investigation of a
peace officer in accordance with Chapter 9.7 (commencing with Section
3300) of Division 4 of Title 1 of the Government Code.
   (c) In any case where a person violates this section, or Article 6
(commencing with Section 11140) of Chapter 1 of Title 1 of Part 4 of
the Penal Code, the applicant may bring an action to recover from
that person actual damages or two hundred dollars ($200), whichever
is greater, plus costs, and reasonable attorney's fees. An
intentional violation of this section shall entitle the applicant to
treble actual damages, or five hundred dollars ($500), whichever is
greater, plus costs, and reasonable attorney's fees. An intentional
violation of this section is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500).
   (d) The remedies under this section shall be in addition to and
not in derogation of all other rights and remedies that an applicant
may have under any other law.
   (e) Persons seeking employment or persons already employed as
peace officers or persons seeking employment for positions in the
Department of Justice or other criminal justice agencies as defined
in Section 13101 of the Penal Code are not covered by this section.
   (f) Nothing in this section shall prohibit an employer at a health
facility, as defined in Section 1250 of the Health and Safety Code,
from asking an applicant for employment either of the following:
   (1) With regard to an applicant for a position with regular access
to patients, to disclose an arrest under any section specified in
Section 290 of the Penal Code.
   (2) With regard to an applicant for a position with access to
drugs and medication, to disclose an arrest under any section
specified in Section 11590 of the Health and Safety Code.
   (g) (1) No peace officer or employee of a law enforcement agency
with access to criminal offender record information maintained by a
local law enforcement criminal justice agency shall knowingly
disclose, with intent to affect a person's employment, any
information contained therein pertaining to an arrest or detention or
proceeding that did not result in a conviction, including
information pertaining to a referral to, and participation in, any
pretrial or posttrial diversion program, to any person not authorized
by law to receive that information.
   (2) No other person authorized by law to receive criminal offender
record information maintained by a local law enforcement criminal
justice agency shall knowingly disclose any information received
therefrom pertaining to an arrest or detention or proceeding that did
not result in a conviction, including information pertaining to a
referral to, and participation in, any pretrial or posttrial
diversion program, to any person not authorized by law to receive
that information.
   (3) No person, except those specifically referred to in Section
1070 of the Evidence Code, who knowing he or she is not authorized by
law to receive or possess criminal justice records information
maintained by a local law enforcement criminal justice agency,
pertaining to an arrest or other proceeding that did not result in a
conviction, including information pertaining to a referral to, and
participation in, any pretrial or posttrial diversion program, shall
receive or possess that information.
   (h) "A person authorized by law to receive that information," for
purposes of this section, means any person or public agency
authorized by a court, statute, or decisional law to receive
information contained in criminal offender records maintained by a
local law enforcement criminal justice agency, and includes, but is
not limited to, those persons set forth in Section 11105 of the Penal
Code, and any person employed by a law enforcement criminal justice
agency who is required by that employment to receive, analyze, or
process criminal offender record information.
   (i) Nothing in this section shall require the Department of
Justice to remove entries relating to an arrest or detention not
resulting in conviction from summary criminal history records
forwarded to an employer pursuant to law.
   (j) As used in this section, "pretrial or posttrial diversion
program" means any program under Chapter 2.5 (commencing with Section
1000) or Chapter 2.7 (commencing with Section 1001) of Title 6 of
Part 2 of the Penal Code, Section 13201 or 13352.5 of the Vehicle
Code, or any other program expressly authorized and described by
statute as a diversion program.
   (k) (1) Subdivision (a) shall not apply to any city, city and
county, county, or district, or any officer or official thereof, in
screening a prospective concessionaire, or the affiliates and
associates of a prospective concessionaire for purposes of consenting
to, or approving of, the prospective concessionaire's application
for, or acquisition of, any beneficial interest in a concession,
lease, or other property interest.
   (2) For purposes of this subdivision the following terms have the
following meanings:
   (A) "Screening" means a written request for criminal history
information made to a local law enforcement agency.
   (B) "Prospective concessionaire" means any individual, general or
limited partnership, corporation, trust, association, or other entity
that is applying for, or seeking to obtain, a public agency's
consent to, or approval of, the acquisition by that individual or
entity of any beneficial ownership interest in any public agency's
concession, lease, or other property right whether directly or
indirectly held. However, "prospective concessionaire" does not
include any of the following:
   (i) A lender acquiring an interest solely as security for a bona
fide loan made in the ordinary course of the lender's business and
not made for the purpose of acquisition.
   (ii) A lender upon foreclosure or assignment in lieu of
foreclosure of the lender's security.
   (C) "Affiliate" means any individual or entity that controls, or
is controlled by, the prospective concessionaire, or who is under
common control with the prospective concessionaire.
   (D) "Associate" means any individual or entity that shares a
common business purpose with the prospective concessionaire with
respect to the beneficial ownership interest that is subject to the
consent or approval of the city, county, city and county, or
district.
   (E) "Control" means the possession, direct or indirect, of the
power to direct, or cause the direction of, the management or
policies of the controlled individual or entity.
   (l) (1) Nothing in subdivision (a) shall prohibit a public agency,
or any officer or official thereof, from denying consent to, or
approval of, a prospective concessionaire's application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest based on the criminal history information of
the prospective concessionaire or the affiliates or associates of the
prospective concessionaire that show any criminal conviction for
offenses involving moral turpitude. Criminal history information for
purposes of this subdivision includes any criminal history
information obtained pursuant to Section 11105 or 13300 of the Penal
Code.
   (2) In considering criminal history information, a public agency
shall consider the crime for which the prospective concessionaire or
the affiliates or associates of the prospective concessionaire was
convicted only if that crime relates to the specific business that is
proposed to be conducted by the prospective concessionaire.
   (3) Any prospective concessionaire whose application for consent
or approval to acquire a beneficial interest in a concession, lease,
or other property interest is denied based on criminal history
information shall be provided a written statement of the reason for
the denial.
   (4) (A) If the prospective concessionaire submits a written
request to the public agency within 10 days of the date of the notice
of denial, the public agency shall review its decision with regard
to any corrected record or other evidence presented by the
prospective concessionaire as to the accuracy or incompleteness of
the criminal history information utilized by the public agency in
making its original decision.
   (B) The prospective concessionaire shall submit the copy or the
corrected record of any other evidence to the public agency within 90
days of a request for review. The public agency shall render its
decision within 20 days of the submission of evidence by the
prospective concessionaire.



432.8.  The limitations on employers and the penalties provided for
in Section 432.7 shall apply to a conviction for violation of
subdivision (b) or (c) of Section 11357 of the Health and Safety Code
or a statutory predecessor thereof, or subdivision (c) of Section
11360 of the Health and Safety Code, or Section 11364, 11365, or
11550 of the Health and Safety Code as they related to marijuana
prior to January 1, 1976, or a statutory predecessor thereof, two
years from the date of such a conviction.



433.  Any person violating this article is guilty of a misdemeanor.



434.  The provisions of this article shall not apply to applications
for employment filed with common carriers by railroad subject to the
act of Congress known as the Railway Labor Act.



435.  (a) No employer may cause an audio or video recording to be
made of an employee in a restroom, locker room, or room designated by
an employer for changing clothes, unless authorized by court order.
   (b) No recording made in violation of this section may be used by
an employer for any purpose. This section applies to a private or
public employer, except the federal government.
   (c) A violation of this section constitutes an infraction.