Through the remainder of the year in this space, ASA will recap the association’s efforts in successfully defeating or significantly mitigating proposed legislation that would have harmed the staffing industry.
Earlier this year, advocacy efforts led by ASA; California Staffing Professionals, an ASA-affiliated chapter; and California lobbyists Mike Robson and Bridget McGowan of Edelstein Gilbert Robson & Smith LLC were instrumental in derailing two California bills that would have had a major negative impact on the staffing industry.

The first bill, AB 331, would establish various requirements for the use of automated decision tools (ADTs), including in the employment context. Among other things, it would require that developers and users of ADTs prepare yearly impact statements addressing the use and validity of the ADTs, prepare governance programs to manage the risk of algorithmic discrimination, notify all persons subject to a consequential decision made by an ADT, and provide an alternative selection process for individuals who choose not to be subject to ADT evaluation.

The second bill, SB 809, would eliminate an employer’s ability to consider an applicant’s conviction history save for a few very narrow exceptions, such as for jobs in industries the government deems sensitive in nature. Companies permitted to consider conviction history would be barred from taking adverse action against an applicant due to a delay in obtaining the applicant’s conviction history, even where that delay was outside of the company’s control.

The staffing industry worked with the California Chamber of Commerce to oppose the bills or suggest amendments to them. Amendments to AB 331 proposed by ASA would, among other things, limit when candidates may opt out of ADT evaluation, thereby ensuring that staffing firms could continue to place candidates in jobs in a timely manner. ASA joined a coalition of employer groups in opposing SB 809 on the basis that it would prohibit staffing firms from conducting criminal background checks for most jobs, even when clients require them.

Following weeks of discussions and negotiations, both AB 331 and SB 809 were moved to the inactive file, meaning they will not be taken up this year. Both bills can be reconsidered during the 2024 legislative session, and ASA will re-engage if necessary.