Limited reporting of non-felony marijuana convictions under California's new Fair Employment and Housing regulation

Effective, July 1, 2017, the California Fair Employment and Housing Council (FEHC)'s "Consideration of Criminal History in Employment Decisions" regulation prohibits employers from seeking or considering a non-felony conviction for possession of marijuana that is two or more years old when making employment decisions such as hiring, promotion, training, discipline, lay-off and termination (see California Labor Code section 432.8).

This new regulation further limits employers' ability to consider marijuana conviction records. The state previously had rules in place prohibiting employers from considering certain marijuana infractions and misdemeanor convictions that are older than two years.

California's Investigative Consumer Reporting Agencies Act prohibits a consumer reporting agency from making an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate an applicable federal or state equal employment opportunity law or regulation. Thus, Truescreen's reports will no longer contain the aforementioned information that employers are prohibited from considering under California law.

Please direct any questions to your account manager.

Source: California Fair Employment and Housing Council

Posted: July 25, 2017