Restriction Explanation
Applicant/subject cannot be required to pay for background check or portion of Technically, the CA law states that an employer cannot compel or coerce an employee or applicant to purchase anything of value. The law further states this includes when an employer provides, accepts, or processes an application to an applicant. Although there is no specific mention of a background check, recent case law has determined that an employer could not pass the cost of a background check after an application has been accepted.
Ban-the-Box 3: Use of criminal record only after conditional offer of employment EFFECTIVE Jan. 1, 2018. With the signing of California law AB 1008, by Gov. Brown Oct 14, 2017 lban-the-box now applies to all employers in the State of California with more than 5 employees. The provisions of this new law are not beyond the norm for the typical ban-the-box. Tthis law does not supersede any local law, therefore, Los Angeles, San Francisco, etc. requirements are still in force. Also per the bill, an employer cannot deny an applicant a position solely or in part because of conviction history until the employer performs an individualized assessment of each individual considering the following issues: nature and gravity of the offense, how long ago the offense occurred, and the nature of the job (job relatedness of the offense). These are the regular EEOC standards, so nothing new for the employers to consider. The employer is not required to make or present to the applicant a written assessment.
Ban-the-Box 4: Certain Major Municipality Los Angeles is on the long list of cities including, San Francisco (which also includes Restrictions placed on landlords of Affordable Housing – See that separate Restriction) that have enacted their own version of Ban-the-Box. The law went into affect Jan 22, 2017. In general, an employer [located or doing business within Los Angeles and has 10 or more employees] cannot inquire into the applicant’s criminal history until after a conditional offer of employment has been made. The LA ordinance defines a conditional offer of employment as: an Employer’s offer of Employment to an Applicant conditioned only on an assessment of the applicant’s Criminal History, if any, and the duties and responsibilities of the employment position.
Cost of Medical Examination for Background Screening Cannot be Paid by Subject/Applicant An employer cannot require applicant to pay for pre-employment medical examination expenses.
Key Municipal Employment Restriction on Private Employers PENDING: This August 2014 law is subject to change on October 1, 2018 for the city and county of San Francisco. Per the 2014 law: an Employer may not require applicants or potential applicants for employment or employees to disclose, and shall not inquire into, the person’s conviction history or an unresolved arrest until either after the first live interview with the person (via telephone, video-conferencing, use of other technology, or in person) or after a conditional offer of employment. Restrictions are also placed on landlords of Affordable Housing.
Must Provide Notice New regulations issued by the California Department of Fair Housing and Employment became effective on July 1, 2017. The regulations really contain very little impact beyond current California or EEOC law. In general, the regulations outline the very difficult issue of adverse action discrimination. Basically this is the process that results in unintentional discrimination. An employer uses certain hiring criteria, which could be education, requirements to have a license, strength, experience, whatever the employer believes will make for a good employee. Every hiring criteria in the world of employment must be justified as job related. Some hiring criteria will adversely affect minority groups. The employer now must be able to justify that having a high school diploma is necessary for the job, not just the employer’s preference. Let us assume that it is determined that a high school diploma is in fact necessary. The next step in the adverse action analysis is whether there are less discriminatory alternatives that will achieve the same results for the employer. In our example, maybe having a GED is enough, or giving the applicants a test to see if they have the skills necessary for the job that supposedly the high school diploma would supply. Keep these decision stages in mind: Hiring criteria ? adverse impact ? necessary for job ? any alternatives ? decision.
Prohibits salary history inquiry during hiring process Effective Jan.1, 2018, CA employers may no longer ask job applicants about their salary history. In addition, an employer cannot rely on an applicant’s past salary as a factor in determining whether to offer employment or in determining what salary to offer. This law is part of , Labor Code Section 432.3. A big issue is an employer may not: “…orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment”. This prohibition is absolute – no post offer, post-employment inquiry is allowed as well.
State Public Employees – Ban-the-Box Provisions FOR PUBLIC EMPLOYERS ONLY: A state or local agency can not ask an applicant for employment to disclose (orally or in writing) information concerning the conviction history until the agency has determined the applicant meets the minimum employment qualifications, as per stated in any notice issued for the position.
Use of a conviction for a prior crime (included marijuana use) or non-annulled crime Employers may not ask or consider certain convictions involving 28.5 grams (1 oz.) of marijuana that are more than 2 years old.