Article 2.5. Electronic Employment Verification Systems of California Labor Code >> Division 3. >> Chapter 2. >> Article 2.5.
This article shall be known and may be cited as the
Employment Acceleration Act of 2011.
Except as required by federal law, or as a condition of
receiving federal funds, neither the state nor a city, county, city
and county, or special district shall require an employer to use an
electronic employment verification system, including under the
(a) As a condition of receiving a government contract.
(b) As a condition of applying for or maintaining a business
(c) As a penalty for violating licensing or other similar laws.
For purposes of this article, the following terms have the
(a) "Electronic employment verification system" means an
employment verification system that allows employers to
electronically verify workers' employment authorization with the
federal government. This includes the Basic Pilot Program, enacted by
Section 404 of Public Law 104-208 and renamed in 2007 as the
E-Verify Program, and other pilot programs for electronic employment
eligibility confirmation. The term "electronic employment
verification system" does not include the I-9 Employment Eligibility
Verification form or any other employment eligibility systems that
are required by federal law.
(b) "Employer" means an employer other than the state, or a city,
county, city and county, or special district.
(a) (1) Except as required by federal law or as a condition
of receiving federal funds, it shall be unlawful for an employer, or
any other person or entity to use the federal electronic employment
verification system known as E-Verify to check the employment
authorization status of an existing employee or an applicant who has
not been offered employment at a time or in a manner not required
under subsection (b) of Section 1324a of Title 8 of the United States
Code or not authorized under any federal agency memorandum of
understanding governing the use of a federal electronic employment
(2) Nothing in this section shall prohibit an employer from
utilizing the federal E-Verify system, in accordance with federal
law, to check the employment authorization status of a person who has
been offered employment.
(b) Upon using the federal E-Verify system to check the employment
authorization status of a person, if the employer receives a
tentative nonconfirmation issued by the Social Security
Administration or the United States Department of Homeland Security,
which indicates the information entered in E-Verify did not match
federal records, the employer shall comply with the required employee
notification procedures under any memorandum of understanding
governing the use of the federal E-Verify system. The employer shall
furnish to the employee any notification issued by the Social
Security Administration or the United States Department of Homeland
Security containing information specific to the employee's E-Verify
case or any tentative nonconfirmation notice. The notification shall
be furnished as soon as practicable.
(c) In addition to other remedies available, an employer who
violates this section is liable for a civil penalty not to exceed ten
thousand dollars ($10,000) for each violation of this section. Each
unlawful use of the E-Verify system on an employee or applicant
constitutes a separate violation.
(d) This section is intended to prevent discrimination in
employment rather than to sanction the potential hiring and
employment of persons who are not authorized for employment under