California Ban-the-Box Update

A few years ago, California adopted ban-the-box for government employees. With the passage and signing of Assembly Bill No 1008, Ban-the-Box (which becomes effective January 1, 2018) now applies to all employers in the State of California with 5 or more employees.
Under the new legislation, employers may ONLY seek criminal records after a conditional offer of employment has been made. They cannot ask the applicant or inquire from others (such as a background screening firm) before that time.  
The law also incorporates existing California restrictions regarding the following:

1. Arrests/charges without convictions.

2. Referral to a pretrial/post-trial diversion program.

3. Sealed, expunged or eradicated convictions.

Like the local ordinances adopted in Los Angeles, New York, and San Francisco, AB 1008 mandates that employers follow a “fair chance” process before denying employment based on an applicant’s conviction history.

Some additional exceptions and exclusions do exist in the law and employer obligations, notice and action requirements are also outlined.

This law does not supersede any local law. Therefore Los Angeles, San Francisco, etc. requirements are still in force.

Take Away:

Employers with five or more employees should: 1) review all employment forms and procedures for direct or indirect inquiring into, seeking the disclosure of, or considering an applicant’s conviction history (including questions on a job application) until after the applicant receives a conditional offer of employment, and 2) establish procedures to follow a “fair chance” process before denying employment based on an applicant’s conviction history.

Resources: 

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB1008

https://www.lexology.com/library/detail.aspx?g=02f9e21e-c430-404b-8d88-f4310ad1d655

https://www.hrdive.com/news/california-bans-the-box-outlaws-salary-history-questions/507340/

www.CRAHelpDesk.com

 

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