Author, Megan Lockhart, Client Communications Coordinator, Rancho Mesa Insurance Services, Inc.

Recently, California updated regulations regarding how employers can use criminal history to make employment decisions.

The new standards come as an update to the California Fair Employment and Housing Act (FEHA) and apply to businesses with five or more employees.

The updates have expanded the definition of “applicant” to include any employees who pursue or intend to pursue a new position in the company, as well as those being reviewed due to a change in company management or ownership.

Employers are prohibited from stating in job postings that they will not hire applicants with criminal backgrounds.

“Employers are prohibited from including statements in job advertisements, postings, applications, or other materials that no persons with criminal history will be considered for hire, such as ‘No Felons’ or ‘Must Have Clean Record,’” subsection (a)(2) of the law states.

Furthermore, if an applicant shares their criminal history voluntarily, and is otherwise qualified for the job, the employer cannot take their criminal history into consideration until a conditional job offer has been made to the individual.

The update also adds that if a “a licensing, regulatory, or government agency or board” grants the right to perform the job duty, such as in the form of a certification, the employer should not consider their criminal history a disqualifying factor for the prospective job.

The California Civil Rights Department provides sample notices employers can use to communicate how their criminal history will affect the company’s decision making.

Rancho Mesa aims to provide the resources clients need to make informed employment decisions. For any questions regarding these updates, contact your client technology coordinator.