California Ban the Box Law

California Governor Jerry Brown has signed the “Fair Chance Act”, which “puts in place some protections for those individuals with criminal backgrounds seeking employment”. Also known as “Ban the Box”, the new act makes it unlawful for employers with 5 or more employees to include questions regarding an applicant’s conviction history on job applications. The act also prohibits employers from inquiring about an applicant’s conviction history “until the applicant has received a conditional offer of employment”. Additionally, the law outlines steps employers must take if they wish to deny an applicant employment based on the person’s conviction history.

JDSupra recommends that California employers do the following:

  • Review and update all employment application and hiring materials to ensure there are no questions requiring an applicant to disclose criminal conviction history.
  • Train all managers, supervisors, human resources, and other individuals involved in the recruitment and hiring process to ensure they are aware of the requirements under the new law.
  • Take other reasonable steps (e.g. periodic audits of recruitment and hiring practices) to ensure that they are in compliance with the law.

For more on the new law from JDSupra, please click here.