(Background) Check It Out: Understanding California’s New Fair Chance Act Regulations on Criminal Records and Background Checks When Making Employment Decisions

by Michael Wertheim, Kurt A. Kappes - The National Law Review

Starting Oct. 1, 2023, California employers must adhere to new regulations under the Fair Chance Act (FCA) concerning the use of an individual’s criminal history in employment decisions. These rules impact California Code of Regulations Title 2, Section 11017.1 and introduce additional steps for employers to follow when considering criminal history in hiring or other employment actions. The regulations add to an already lengthy list of procedures employers must follow in California regarding criminal history as a basis for employment decisions.

Read more: https://www.natlawreview.com/article/background-check-it-out-understanding-california-s-new-fair-chance-act-regulations

California Modifies Employment Regulations Regarding Criminal History

by Christopher Im, Julie M. Capell - Davis Wright Tremain LLP

New regulations effective October 1, 2023, will impact how employers may consider criminal history in employment decisions.[1]

The Fair Chance Act (FCA)[2] prohibits California employers with five or more employees from inquiring into, considering, distributing, or disseminating information related to an applicant's criminal history until after the employer has made a conditional offer of employment. Once a conditional offer has been made, if an employer intends to deny an applicant the employment conditionally offered because of the applicant's conviction history, the FCA requires the employer to make an individualized assessment of whether the applicant's conviction history has a direct and adverse relationship with the specific job duties.

Read more: https://www.dwt.com/blogs/employment-labor-and-benefits/2023/08/california-fair-chance-criminal-history-and-jobs#page=1

California Employers: Your Online Job Advertisements Could Get Your Business in Hot Water

by McDermott Will & Emery - JDSupra

The California Department of Fair Employment and Housing (DFEH) announced a new affirmative effort to detect and correct violations of the Fair Chance Act (FCA)—California’s ban-the-box law—by using online technology to identify words and phrases in job advertisements that violate the FCA. The FCA was first enacted on January 1, 2018, to prohibit employers with five or more employees from asking job candidates about their conviction history before making them a job offer.

Read more: https://www.jdsupra.com/legalnews/california-employers-your-online-job-6031396/

New Requirements for Employers Using Criminal Background Checks in New York City

by Mark E. Brossman, Ronald E. Richman, Scott A. Gold - Schulte Roth & Zabel LLP

The New York City Commission on Human Rights (“Commission”) released its updated Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History, which interprets the amendments to the New York City Fair Chance Act (“FCA”) that went into effect on July 29, 2021. We have previously written on the FCA’s ban on performing criminal background checks on applicants prior to a conditional offer of employment. The amendments provide additional employment protections to applicants and employees with a criminal history, pending criminal arrest or charges, or certain “non-convictions.”

Read more: https://www.srz.com/resources/new-requirements-for-employers-using-criminal-background-checks.html

Louisiana Employers Now Subject to “Fair Chance” Law

by Pamela Q. Devata and Jennifer L. Mora - Seyfarth

Seyfarth Synopsis: On June 16, 2021, Louisiana joined the growing list of states and localities with so-called “Fair Chance” laws by enacting its own law restricting an employer’s consideration of criminal history in hiring decisions. With an effective date of August 1, 2021, Louisiana employers should consider an immediate review of their criminal history screening policies to ensure compliance with the new law.

Read more: https://www.seyfarth.com/news-insights/louisiana-employers-now-subject-to-fair-chance-law.html

NYC Imposes New Limits On Use Of Criminal History In Hiring And Employment

by Timothy Gumaer, Fox Rothschild LLP - JDSupra

Inquiries into the criminal histories of job candidates and employees will be limited even further under amendments to New York City’s Fair Chance Act (FCA) that take effect July 29, 2021.

With the FCA’s expanding protection, employers are urged to review their job applications (as well as job postings, pre-hire paperwork, and onboarding documents) to ensure that they are incompliance with these new requirements.

Read more: https://www.jdsupra.com/legalnews/nyc-imposes-new-limits-on-use-of-2167408/

New York City Enacts Amendments to New York City Fair Chance Act

by Richard Greenberg, Daniel J. Jacobs, Susan M. Corcoran, Anna Broccolo - The National Law Review

Following Mayor Bill de Blasio’s non-action on the bill passed by the New York City Council in December expanding the scope of New York City’s Fair Chance Act (FCA), the amendments have become law. The amendments, which go into effect in late-July, significantly expand employment protections for applicants and employees with criminal charges or arrests.

Read more: https://www.natlawreview.com/article/new-york-city-enacts-amendments-to-new-york-city-fair-chance-act

DFEH Updates “Ban The Box” Regulations And Provides FAQ

by Meagan Bainbridge and Weintraub Tobin - JD Supra

Since its implementation on January 1, 2018, The Fair Chance Act has been a source of questions for California employers. Also referred to as “banning the box,” Government Code section 12952 makes it illegal for most employers in California to ask about the criminal record of job applicants before making a conditional job offer. 

Read more: https://www.jdsupra.com/legalnews/dfeh-updates-ban-the-box-regulations-16361/