Employers Cannot Consider Applicant’s Conviction History
On January 1, 2018, the California Fair Chance Act (AB1008) became law, making it a illegal for California employer with five or more employees to include in their application for employment questions that inquire about an applicant’s conviction history. Additionally, the new law prohibits an employer from considering an applicant’s conviction history until after that candidate has received a conditional offer of employment. Employers cannot consider, distribute, or disseminate information linked to arrests, diversions, and convictions. Find more information at ( https://disrupthr.co/city/san-francisco/ ).
Once a conditional offer is made for employment, the employer may run a background check or ask about an applicant’s conviction history. Additionally, an employer who ultimately attains an applicant’s criminal history and wants to rescind the job offer even in part based on that information must conduct an individual assessment. The assessment should determine if the applicant’s conviction history has a direct and adverse relationship to the specific responsibilities of the job including:
- The nature and gravity of the offense or conduct
- The time that has passed since the offense or conduct
- The conclusion of the sentence; and the nature of the job.
If The Applicant Is Disqualified
If the applicant’s conviction history is determined by the employer to disqualify them from the job and the employer elects to rescinds the offer of employment, the employer is obligated to inform the applicant in writing and permit them five days to respond; and include a copy of the conviction history.
If, and only after the applicant has had a chance to respond, the employer still decides to not move forward with hiring the candidate, the employer must send a final written notice. Along with the notice specific pieces of information: an “adverse action procedure,” which includes sending the candidate a pre-adverse action notice, a copy of the consumer report, a final adverse action notice and a summary of rights under the FCRA.