Statewide restrictions on an employer’s ability to make pre-hiring and personnel decisions based upon an individual’s criminal history have been approved by both houses of the California Legislature.
Assembly Bill 1008 proposes to add a section to the California Fair Employment and Housing Act (FEHA) and has been forwarded to Governor Jerry Brown for approval.This bill includes new statewide regulations on consideration of criminal records in employment decisions.The City of Los Angeles’ ban the box law also mandates an individualized assessment of an applicant’s criminal history prior to any employment decision based on a criminal record.AB 1008 would extend the prohibition of conviction disclosure to all employers in California with five or more employees.
It would make it unlawful to also consider, distribute or disseminate information about an applicant’s criminal history, making it illegal for an employer to deny an applicant a position solely or in part because of conviction history until the employer performs an individualized assessment.This assessment would have to consider the nature and gravity of the offense, the time that has passed since the offense and the nature of the job sought.
This bill, if signed by Governor Brown, is to take effect January 1, 2018.
