Blog

 
     

Employment Council in California Delivers Clarity on State's New Ban the Box Law

By Michael Klazema on 3/22/2018

Around the country, states and local municipalities have committed to ban the box legislation, which seeks to equalize opportunities in the job market for those with criminal histories. Few states have taken as large a step as California did when the state's governor Jerry Brown signed AB 1008, a statewide ban the box law. In many locations, these rules apply only to state or public employers. Under the new California law, all businesses that employ more than five people — including private companies — may not ask about or use criminal information during the application and interview process. Any company that wishes to conduct a thorough background check on an applicant must extend a conditional employment offer first. 

Per coverage, some uncertainty existed in the final legislative text, so the California Fair Employment and Housing Council met to issue clarification. They gave guidance on a rule that prompts employers who deny an applicant based on a background check to give the individual a chance to respond. This window begins when the applicant receives the report and extends to five business days afterward. The FEHC clarified how a denied applicant could petition for an appeal based on other circumstances, such as evidence of rehabilitation.

The FEHC addressed other issues with their proposed regulations, reports note, including several potential ambiguities in the state's new mandatory family leave law. This legislation, which provides maternity or paternity leave to employees in companies of 20 or more people, required fine-tuning to prevent confusion during implementation. The refinements center on definitions and specific cases.

The goal of the ban the box law is not to strip employers of their ability to choose who they hire but to ensure a level playing field so those who have paid their societal debt have a fair chance to re-enter the workforce. These new guidelines help to protect both employer and employee from unfair practices. As employers look to safeguard their businesses and customers from the negative effects of negligent hiring, thorough checks remain critical. backgroundchecks.com makes it straightforward for an employer who has extended a conditional offer to proceed with a check of statewide databases, known aliases, and other important information.  For updates on the latest ban the box regulations read more on our ban the box page.

It is important to note that for right now, these proposals are just that: proposals. The FEHC will convene a meeting in early April to allow for public comment on these potential regulations, and the council must take a vote to deny or adopt the new rules. Signs currently point to the FEHC voting in favor of implementation. Employers in California should continue their efforts to remain in compliance.


Tag Cloud
Categories
Recent Posts

Latest News

  • July 17 — Hourly Employee Screening: What Makes It Unique and Important infographic?Modern employers conduct background checks on most of the people they hire. These checks are most often used to screen full-time salaried workers. Part-timers and hourly employees are typically less likely to face a thorough background check or even go through a background screening at all. According to a survey conducted by HR.com, 67 percent of employers screen all of their part-time employees, compared to 83 percent of their full-time employees.
  • July 17 A Kentucky school district recently decided to stop paying for volunteer background checks. Going forward, volunteers will be expected to cover the cost of their own checks, which is $10 per person.
  • July 12 Seeking fresh employees for businesses, some states seek to reduce the number of people denied employment based on old or nonviolent crimes.
  • July 11 Multinational aerospace company - Safran Group - trusts backgroundchecks.com to screen new hires, The products they manufacture can have major implications for aircraft safety and worldwide security. As such, the company needs to be extremely careful and deliberate about who it trusts to join the organization.
  • July 11 Recently cited for driving too fast? Here’s what a speeding ticket will do to your background check report.
  • July 10

    Could your business be vulnerable to employee theft? Protect yourself with more thorough background checks.


  • July 09 While Social Security Numbers aren’t required for criminal history checks, they can be beneficial. Here’s why.
  • July 05

    In June, Chicago Public Schools came under fire after a Chicago Tribune piece accused the district of not protecting students from sexual abusers. The district has announced plans to run background checks on all employees.


  • July 04 — How important are volunteer background checks? Do they even matter?
    Organizations that rely in part on volunteer labor consistently find themselves asking these questions. The assumption is usually that volunteer background checks are less important than background checks for full-time or part-time employees. According to a CareerBuilder survey from 2016, 72 percent of employers conduct background checks on all employees. A parallel statistic isn’t even available for volunteer checks. They are less common – and less valued.
  • July 03 #MeToo harassment allegations continue to reshape workplaces in every industry. As a result, many companies are looking to safeguard themselves from liability.