The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act's regulations governing inquiries into and consideration of a job applicant's criminal history in making hiring decisions. On July 24, 2023, the Office of Administrative Law approved the Council's proposed modifications to the regulations. The new regulations are effective October 1, 2023.
Changes in California's Regulations Regarding Criminal Records Approved
Littler | Aug 2023
Effective date: 10/1/23
Text of the modified regulations.
Sample Fair Chance Act forms.
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The regulations clarify that the definition of "applicant" now includes "an existing employee who is subject to a review and consideration of criminal history because of a change in ownership, management, policy or practice."
California Employers Using Criminal History Face New Compliance Obligations
Seyfarth | Aug 2023
An employer may require applicants to complete an IRS form 8850 or equivalent (forms used to see if potential employees are members of a targeted group for purposes of qualifying for work opportunity credits) before a conditional offer of employment is made, as long as the information from the form is used solely to apply for the Work Opportunity Tax Credit.
New Requirements for How California Employers May Consider Criminal History In Employment Go Into Effect On October 1, 2023
Carothers | Aug 2023
The modified regulations significantly expand the definition of employer from the current "a labor contractor and a client employer" to also include "any direct or joint employer, any entity that evaluates the applicant's conviction history on behalf of an employer, or acts as an agent of an employer, directly or indirectly; any staffing agency; and any entity that selects, obtains, or is provided workers from a pool or availability list."
California Modifies Employment Regulations Regarding Criminal History
Davis Wright | Aug 2023
Once you provide the applicant with written notice of your preliminary decision to withdraw the job offer based on their criminal history, then they can challenge the accuracy of the conviction information, explain their rehabilitation efforts, and/or detail any mitigating circumstances that might change your initial assessment.
Revised Criminal History Regulations Approved for California Employers
Shaw | Aug 2023
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