In 2014, California passed “Ban the Box” legislation pertaining to applicants seeking employment in public offices and agencies at the state and local levels.
The City of Los Angeles’ Fair Chance Initiative for Hiring Ordinance went into effect in January which mandates all private employers were subject to the same stipulations as enacted affecting public office employment in the state.
California’s next step in this progression is extending that law to all private employers statewide.
Introduced by five California assembly members on Feb. 16, 2017, Assembly Bill 1008 proposes prohibiting all employers in the State of California from the inquiring about applicants or employees criminal histories. Inquiries regarding past convictions would be permissible after the candidate was made a conditional offer of employment.
The bill further restricts employers by making it unlawful to consider:
- Arrests that did not result in convictions;
- Misdemeanor convictions which resulted in no jail sentence;
- Misdemeanor convictions for which three years have passed since the conviction date; and
- Felony convictions for which seven years have passed since the conviction date.
After taking into consideration a past criminal history by the aforementioned assessments and factoring in whether these criminal actions could present a “direct and adverse relationship with specific duties on the job,” employers would be required to supply written notice of denial to the applicant. The written notice must identify the conviction, provide a copy of the conviction history, supply examples of rehabilitative evidence an applicant could offer in order to be potentially reconsidered and notice of the applicant’s right to respond within 10 days.
Should a candidate-elect to challenge the denial through mitigation or rehabilitation evidence, that employer must review the supplied information and form a second determination. Upon review of the evidence supplied, if the employer’s final decision is disqualification, a second written notification is required. Components to be included in this notice include:
- Statement of final denial;
- If the applicant is suitable for alternative positions of employment;
- The earliest date for reapplication; and
- The right to file a complaint with the Department of Fair Employment and Housing.
Source: Littler Mendelson; 3/12/2017
Posted: April 21, 2017