Continuing a recent legislative trend, Senate Bill 1001 expands existing prohibitions regarding unfair immigration-related practices.  Specifically, this bill amends the California Labor Code to provide a civil remedy for an applicant or employee against any unfair immigration-related practice as defined by Labor Code section 1019.  Such “unfair immigration-related practices” include an employer requesting more or different documents than required under federal law for verification purposes, using the federal E-Verify system to check the status of a person at a time or in a manner not required, threatening to file or filing a false police report or a false report with a state or federal agency, threatening to contact or contacting immigration authorities, or refusing to honor documents that appear reasonably genuine.  In addition, the following practices would also be prohibited: discriminating against an immigrant with authorization to work based on having the status of immigrant, or attempting to reinvestigate or re-verify an incumbent employee’s authorization to work where not legally required to do so.  SB 1001 permits an applicant or employee suffering an unfair immigration-related practice prohibited to bring a civil action for equitable relief and any applicable damages or penalties, and would allow recovery of reasonable attorneys’ fees and expert witness costs if the employee or applicant is the prevailing party in the action.  SB 1001 will become effective on January 1, 2017.

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