New regulations will prevent employers from discriminating against certain job seekers.
2017 brings good news for certain California job seekers with criminal records, as new regulations will make it even harder for employers to discriminate against job candidates and employees on the basis of criminal history if the person in question belongs to a protected class. These regulations, through the Fair Employment Council (FEHC) will go into effect on July 1, 2017.
Under the regulations, an employer cannot consider a job applicant or employee’s criminal history in making an employment decision (such as hiring or promoting), if doing so would result in an adverse impact on individuals within a protected class. For purposes of these regulations, a protected class means people within a specific group protected under federal or state law. In California, it is against the law to discriminate against a person on the basis of race, color, ancestry, national origin, religion, sex (including pregnancy, child birth or a related medical condition), disability (physical or mental), age (40 or older), genetic information, martial status, sexual orientation, gender identity and gender expression, AIDS or HIV status, medical condition, political activities or affiliations, military or veteran status, or status as a victim of domestic violence, assault or stalking.
If a person believes that an employer discriminated against him as a job applicant by considering his criminal history, he must first prove that the employer’s background screening policy actually has an adverse impact on a protected class. This can be proven in a number of ways, such as by showing that a particular group of people tends to be incarcerated at higher rates compared to other groups, making them ineligible for this job.
If adverse impact is shown, then the employer will have to show that the policy of having the background screening, is job-related and necessary for business. Employers must take into consideration individual criminal histories instead of simply refusing to hire anyone with a criminal history. If an employer refuses to hire someone because of his or her criminal history, it should be because that conviction has a specific negative impact on that person’s ability to do the job. For example, if a person applied for a job as a daycare worker and he or she has a conviction for child abuse, that would prevent him or her from doing the job.
If an employer does decide to not hire an applicant based on criminal history that is obtained from someone other than the applicant, the employer must also provide notice to the applicant under the regulations. Along with the notice, the applicant must be given the opportunity to correct the information about the conviction if he or she claims that it is inaccurate.
The new regulations are complex, and may not apply in all situations, such as in cases where employers are required by federal or state law to conduct criminal background checks of employees and applicants. For California residents, however, they represent a significant step forward in for people who hope to overcome their criminal histories and move on with their lives.
If you believe that you have been discriminated against based on a prior criminal conviction, an experienced employment law attorney may be able to help. At PLBH, our employment law attorneys are highly skilled at helping job applicants and employees who have faced all types workplace discrimination. Contact our office today at (800) 435-7542 or info@plblaw.com to schedule a free consultation and learn more about how we can help you.