Employment discrimination: conviction history.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
In Floor Process
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes how employers in California can consider an applicant’s criminal history when hiring. Currently, employers with 5 or more employees can’t ask about convictions before making a job offer or consider a conviction history until after an offer is made. This bill would require employers to conduct a more thorough individualized assessment to determine if a conviction directly relates to the job duties and justifies denying an applicant. It also establishes a rebuttable presumption that a conviction doesn't directly relate to the job if the applicant has completed their sentence or possesses a relevant license, and introduces a process for challenging background check information. The bill also addresses exceptions for certain positions, like those involving farm labor contractors or those requiring specific background checks mandated by law.
Key provisions
- Employers with 5+ employees must conduct an individualized assessment before denying a job offer based on conviction history.
- A rebuttable presumption exists that a conviction doesn’t directly relate to job duties if the applicant has completed their sentence or holds a relevant license.
- Employers must provide applicants with a list of essential job duties before requesting a conviction history background check.
- Employers cannot require applicants to pay for background checks.
- The bill removes an exemption for farm labor contractors.
- Employers must document the results of their individualized assessment.
- Applicants have the right to challenge the accuracy of a conviction history report.
- Specific procedures are outlined for employers required by law to conduct background checks (e.g., criminal justice agencies).
Bill text
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