Tag: criminal history discrimination

California Offers Clarification Regarding Legal Use of Applicant’s Criminal History Under the Fair Employment and Housing Act January 16, 2023 The California Civil Rights Department (CRD) recently released its proposed modifications to the regulations in the Fair Employment and Housing Act (FEHA). These modifications concern the use of criminal history information when making employment decisions. Unfortunately, this process has proven complicated. This complication comes from the privacy laws in the California Consumer Privacy Act (CCPT), local "ban the box" ordinances, and the Investigative Consumer Reporting Agencies Act that also regulates this area of employment. Fortunately, the proposed modifications clarify the current obligations. However, they also add some additional requirements. Here are some of the proposed changes: In most cases, employers would not have a legal obligation to check an applicant's or current employee's criminal history. If they review the applicant's or employee's criminal history, they must follow the requirements in the regulations. The proposed changes also make it more apparent what an employer or employer's agent can do when required by law to conduct a criminal background check. The changes also detail the exemption for inquiring or using information concerning an individual's criminal history before making a conditional offer of employment. The new regulations make it clear that state, federal, or local laws that require other entities to conduct a criminal background check do not exempt them from the ban. The new regulations would also supplement the requirements for the individualized assessment an employer must conduct before taking an adverse action based entirely or partially on an applicant's criminal history. The regulations now have non-exhaustive considerations for every factor in the analysis. There is also a description of the type of evidence of rehabilitation or mitigating circumstances that applicants could supply if they choose. Applicants with incarceration in their background can expect the inclusion of their conduct during incarceration, such as rehabilitative work or educational programming, among others. The applicant can include any employment that has occurred since they were convicted or completed their sentence. Applicants can also expect the inclusion of their community service and engagement since conviction or completion of their sentence. Other rehabilitative efforts or mitigating factors that occurred since the conviction or completion of the sentence not covered may also count as evidence. Furthermore, employers must keep any documents, information, or forms they used as described in the subsection on the Work Opportunity Tax Credit ("WOTC") in the confidential files kept separate from the applicant's general personnel file. Additionally, the employer must not use or distribute any information, forms, or documents for any purpose beyond applying to obtain the WOTC. The definition of the term "employer" would include all direct and joint employers, including any entity that would evaluate an applicant's criminal history for an employer or that acts as an employer's agent, whether indirectly or directly. It would also include staffing agencies and entities that obtain, select, or provide workers from an availability list or pool. If these modifications go into effect, employers must adjust their hiring practices to ensure compliance. The best way for employers to comply with these and other employment regulations is to partner with a background check company they can trust. Looking to easily verify your employment qualifications? Talk to a Sales Representative Today about switching to pre-employment background checks. Source

Tag: criminal history discrimination

California Offers Clarification Regarding Legal Use of Applicant’s Criminal History Under the Fair Employment and Housing Act

Atlanta Bans Criminal History Discrimination in Employment

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