California: New Rules on Use of Criminal History and Transgender Discrimination Effective July 1st

Effective July 1, 2017, California employers must adhere to new sets workplace regulations regarding transgender discrimination and the use of criminal histories during hiring. First, the CA Fair Employment and Housing Council (FEHC) has approved regulations that “prohibit employers from using very specific criminal history information in employment decisions”. Included in the law is new language “prohibiting [employers] from using criminal history information that has an ‘adverse impact’ on employees” in protected categories such as race and gender. Second, the Office of Administrative Law has approved regulations which “broaden the definition of the terms ‘gender expression’ and ‘gender identity’ to include how one perceives their own gender identity. These regulations are a follow-up to guidance on employee rights released last year. Employers should review their policies and practices to ensure they are in compliance with these new orders.

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