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Seyfarth Synopsis: California is rife with regulation of how employers may obtain and consider background check information for use in hiring and personnel decisions. The relatively new California ban-the-box law (effective January 1, 2018) and the older Los Angeles and San Francisco ordinances and amendments to the California Labor Code set strict rules on when and how employers can consider criminal and credit histories in employment. Many details to follow.
The federal Fair Credit Reporting Act (FCRA) governs background checks when information is obtained from a third-party consumer reporting agency and requires employers to send certain notices to job candidates. The new California ban-the-box law includes broader notice requirements, and local ban-the-box laws add their own nuances, which makes the process even more complicated.
California is rife with regulation of how employers may obtain and consider background check information for use in hiring and personnel decisions. The relatively new California ban-the-box law (effective Jan. 1, 2018) and the older Los Angeles and San Francisco ordinances and amendments to the California Labor Code set strict rules on when and how employers can consider criminal and credit histories in employment.
Superintendent Torlakson has championed the "Safe Havens" movement, encouraging schools to commit themselves to reassuring students, parents, and educators that they are welcome at school, regardless of their immigration status, and to provide information about how students' personal records and citizenship status are protected under the law, except in limited circumstances.
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