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Criminal background check California law
Criminal background check California law
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“Have you ever been convicted of a crime?” Countless employees have encountered this check-the-box question on employment applications. Over the years, however, several states have introduced “ban the box” laws to restrict the use of such questions and impose barriers to pre-employment screening processes. Expanding upon that activity, California Gov. Jerry Brown recently signed Assembly Bill (AB) 1008, which amends the state’s Fair Employment and Housing Act (FEHA) and imposes new restrictions on employers’ criminal background screening processes. The new law takes effect on Jan. 1, 2018, and applies to all California employers with five or more employees.
Starting Monday, California employers can no longer ask most job applicants about their criminal records until a conditional offer has been made, and can’t ask any job seekers about their salary history unless the applicant volunteers this information. These are two of more than two dozen state workplace laws passed in 2017 that take effect in the new year. Another one will require employers with 20 to 49 employees to give eligible employees up to 12 weeks of unpaid, job-protected leave to bond with a new child within the first 12 months of the child’s birth, adoption or foster placement. Larger employers in California already had this requirement.
Just two days later on October 14th, the governor signed AB 1008, also known as “Ban the Box” legislation, which applies to most public and private employers with five or more employees. This law prohibits employers from including a “box,” or questions on job applications that ask about conviction history. The legislation is meant to help ease the stigma against the approximately 7 million Californians who have a prior arrest or conviction. Many feel an arrest or conviction record unfairly prevents people from being hired for good jobs. With AB 1008, California joins 29 states and over 150 cities and counties that have enacted ban the box proposals. Under this law, employers will no longer be allowed to ask applicants about their criminal conviction histories until after a conditional offer of employment has been made.
https://justworks.com/blog/california-ban-job-applicant-salary-criminal-history
According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background checks on all potential new hires. This includes many hospitality-industry employers. Most decision-makers want information about criminal behavior and other related data before bringing a candidate into the organization. The rationale for seeking this information ranges from identifying candidates who are honest when filling out their applications, to finding those who display a history of good decision making and judgment, to reducing the risk of criminal behavior in the workplace and related civil liability by excluding those applicants who may be most likely to (re)engage in criminal activity at work. Hospitality employers also do so to avoid negligent hiring lawsuits – a lawsuit from a guest or customer, for example, based on a hotel’s failure to properly screen an employee who later does harm.
https://www.fisherphillips.com/resources-newsletters-article-and-by-the-way-are-you-a-criminal
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