Stay compliant with California’s updated background check laws and Fair Chance Act requirements when screening job applicants and employees. Get clear guidance on individualized assessments, new evaluation factors, and potential penalties under California rules.
By Brad Nakase, Attorney
Email | Call (888) 600-8654
Have a quick question? I answered nearly 1500 FAQs.
The criminal background check procedure used by employers for California job applicants and staff members has undergone major changes as a result of new legislation that went into effect on 1st October 2023. The California Fair Chance Act will be expanded by the new background check laws in California, as explained in the following responses to nine commonly asked questions.
Quick Points
Answer 1: Before making unfavorable hiring judgments based on a candidate’s criminal conviction record, employers must implement a new procedure that includes a more thorough study using new evaluation elements.
Answer 2: According to the revised rules, employers must take into account the following sub-factors:
The new rules also mandate that employers take into account whatever proof they may have of a worker’s or applicant’s rehabilitation and favorable conditions, some of which include the aforementioned.
Answer 3: The two types of requirements are in tension. Some businesses are informing candidates and staff members of the criteria and urging them to provide pertinent information, but they are not explicitly requesting or requiring the supply of such details.
Answer 4: Although California hasn’t dealt with this strategy, it appears to be a reasonable way to deal with the new California requirements to use a series of pre-adverse response letters to fulfill the California and federal requirements (including communicating and soliciting details on the new assessment factors and the conventional three federal elements). As time goes on, we may learn more, gain greater familiarity with these new standards, and/or receive additional direction.
Answer 5: The similar damages that apply to infractions of the Fair Employment and Housing Act. It can include back wages, front wages, penalties for mental anguish, monetary punishment, reinstatement or hiring, and promotion. Out-of-pocket costs, modifications to policies, education, reasonable accommodations, and legal fees may also result from neglecting the new laws.
Answer 6: The City of Los Angeles legislation applies to workers who spend at least 2 hours a week on average in Los Angeles. It includes individuals who work online from their homes in the city for firms that are based in or conduct operations in Los Angeles.
Answer 7: In general, companies might not take into account data from a sex offender registry that they or their background record check vendors discover. However, employers may take into account criminal convictions (which might also appear on the registry) that were discovered in another way, such as via a criminal background check. These convictions are listed in the background check report’s “convictions” section rather than the “sex offender registry” section, and the data is reviewed using the new California, federal, and applicable area evaluation factors.
Answer 8: Driver’s license numbers & dates of birth in court documents were almost completely unavailable to the general population, including investigation vendors and consumer reporting agencies (CRAs), as a result of a court ruling and Governor Gavin Newsom’s consequent veto of a measure passed to address the matter (2022).
Because of this, it has been extremely difficult for CRAs to confirm the names of criminal defendants in local court searches, which severely restricts their capacity to submit criminal records and causes employers to be far slower to get the findings of background checks.
Answer 9: Whether they find out about an applicant’s or employee’s conviction record from a background check provider, consumer reporting entity, or through another source, employers must take into account the new evaluation criteria and do the necessary analysis in accordance with the new California requirements. Employers’ use of online searches on California candidates and workers is likewise subject to those rules and regulations.
Have a quick question? We answered nearly 2000 FAQs.
See all blogs: Business | Corporate | Employment Law
Most recent blogs:
Contact our attorney.