Changes in California's Regulations Regarding Criminal Records Approved
Tags : Criminal Screening
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 Council is amending regulations: (1) pertaining to the consideration of conviction history prior to a conditional job offer; (2) pertaining to consideration of certain types of conviction records; (3) governing what employers must do when they intend to rely on criminal records to rescind a conditional job offer; (4) covering labor contractors, union hiring halls, and client employers; (5) prohibiting disparate treatment; (6) determining adverse impact; (7) outlining procedural requirements; (8) covering situations when an employer seeks the Work Opportunity Tax Credit provided under section 51 of the Internal Revenue Code; and (9) defining terms used in Cal. Code Regs. Tit. 2, § 11017.1.
The proposed modifications previously discussed will go into effect with the following exceptions:
- Evidence of rehabilitation or mitigating circumstances submitted after an employer notifies an applicant of the preliminary decision to disqualify may only be voluntarily provided by the applicant or by another party at the applicant's request.
- The final definition of "Applicant" has been expanded even further to include "an existing employee who is subject to a review and consideration of criminal history because of a change in ownership, management, policy or practice."
- The "Introduction" paragraph previously found in Article 2, § 11017.1 of the proposed regulations was not ultimately adopted.
The final regulatory action takes effect on October 1, 2023.
© 2023 Littler Mendelson. All Rights Reserved. LITTLER MENDELSON®, ASAP®, INSIGHT® and LITTLER REPORT® are registered trademarks of Littler Mendelson, P.C.
Posted: August 1, 2023
All Rights Reserved © 2023 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
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!!!
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%!
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.
It’s such a great customer service that you provide and I’m happy to tell that to anyone.
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.
We flew through our NCQA licensure review. We very much appreciate Certiphi's help in earning a 100% score for the files!