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Attention CA Employers: New Employment Regulations Are Taking Effect July 1, 2017

Posted on in Employment

San Jose employment law attorneys, employment regulationsMany California employers conduct a background check before hiring a new employee. However, there are both federal and state laws on the books that limit these checks and provide employees with certain applicable rights. For example, the federal Fair Credit Reporting Act applies to all background checks conducted on both existing and prospective employees and requires employers to notify individuals when information found by an outside investigative agency is used against them in an employment setting.

Additionally, California state law requires employers to notify both existing and prospective employees before an outside agency conducts a background check on them. There are also several other background check laws that California employers need to abide by, including a few new ones that are scheduled to take effect July 1, 2017.

California’s New Employment Regulations

JDSupra reports that several regulations aimed at tightening California employers’ consideration of criminal histories when making employment decisions, which were proposed by the California Fair Employment and Housing Council, are due to take effect this summer starting July 1, 2017. A couple of these key regulations that California employers should be aware of are outlined below:

  • No considering criminal history when doing so adversely impacts a person of a protected class, unless doing so is justifiable. Employers in California will still be able to conduct the same criminal background checks that were permitted before July 1; however, they will no longer be able to consider criminal histories when making employment decisions if doing so would have an adverse impact on a person of a protected class. In this instance, the term “employment decisions” includes an employer’s decision to hire, promote, terminate, etc. an employee.

If a current or prospective employee in California can demonstrate that an employer violated this regulation, then the burden shifts to the employer to prove that their practice or policy is justifiable. In order to accomplish this, an employer must show that their policy or practice is both job-related and consistent with business necessity. Additionally, the employer’s practice or policy must be appropriately tailored to the job at issue and be designed to measure how fit an individual person is to fill that specific position. 

  • Job applicants must have an opportunity to present evidence of factual inaccuracy when an adverse employment decision is made against him or her based on his or her criminal background check. Currently, employers in California are required to notify current and prospective employees when an adverse employment decision is made against him or her based on information that the employer obtained via a background check. However, under California’s new regulations, employers are also required to notify current and prospective employees of the precise criminal conviction that disqualified them, provided that the criminal history information at issue was obtained from a source other than the applicant or employee. Additionally, the adversely affected employee must be given the opportunity to present evidence that the information being used against him or her is factually inaccurate.

Reach Out to Us for Legal Help

At Jachimowicz Law Group, our experienced San Jose employment law attorneys represent both employees who have been treated unfairly as well as employers whose rights have been violated throughout Northern California. If you would like to discuss your potential case and legal options with us, contact our San Jose office today to schedule a free initial consultation.








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