California's FEHC issues proposed regulations for new "Ban the Box" law

The California Fair Employment and Housing Council (FEHC) proposed two regulations to implement provisions of Assembly Bill 1008 and the Senate Bill 63.

A.B. 1008, signed last year by Gov. Brown, enacted a new "Ban the Box" provision. This provision prohibits an employer from considering criminal history of a prospective employee until after a conditional offer of employment is made. 

Under AB 1008, an employer is required to notify an applicant in writing and provide at least "five business days" to respond to a revocation of a conditional offer of employment based on its review of applicant's criminal history. To avoid disputes over the "five business days'," language, the FEHC is proposing that the "five business days" be calculated from the date of receipt of the notice by the applicant.

The proposal also adds the following language:

"If notice is transmitted through a format that does not provide a confirmation of receipt, such as a written notice mailed by an employer without tracking delivery enabled, the notice shall be deemed received five calendar days after the mailing is deposited for delivery for California addresses, ten calendar days after the mailing for addresses outside of California, and twenty calendar days after mailing for addresses outside of the United States."

AB 1008 also provides that an applicant may respond to a revocation of a conditional offer of employment by including evidence of rehabilitation and/or mitigating circumstances. The proposed regulation will attempt to specify this provision as follows:

"The types of evidence that may demonstrate rehabilitation or mitigating circumstances may include, but is not limited to: the length and consistency of employment history before and after the offense or conduct; the facts or circumstances surrounding the offense or conduct; and rehabilitation efforts such as education or training."

Although the employer has the right to make the final decision to deny employment, this provision requires that the employer consider all information submitted by an applicant before making its final decision.

Source: Fisher Phillips, 3/2/2018

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong. Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong. Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why

What Our Clients Are Saying

Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!

Human Resources Assistant
Large Medical Staffing Firm

Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!

Human Resources Generalist
Medical and Surgical Hospital

The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.

Human Resources Manager
Medical Staffing Agency

It’s such a great customer service that you provide and I’m happy to tell that to anyone.

Pastoral Care Associate
Large Children's Hospital

Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.

Human Resources Specialist
Large Medical Staffing Firm

We flew through our NCQA licensure review.  We very much appreciate Certiphi's help in earning a 100% score for the files!

Accreditation Manager
Hospital System Analytics Company

You are about to leave

Ok, Continue Cancel