Executive Summary: California’s Department of Fair Employment and Housing (DFEH) recently enacted regulations that impose additional burdens on employers’ use of criminal background checks in employment decisions. The new regulations are expected to go into effect on July 1, 2017. The new regulations apply state-wide and, ultimately, will make it difficult for any employer in California to maintain no-hire policies for persons with criminal convictions.
The DFEH recently passed regulations prohibiting employers in California from using an applicant’s/employee’s criminal background history in making employment decisions. Specifically, the regulations require that, for any criminal background check policy that creates an adverse impact on a protected class (such as individuals of a particular race, national origin or gender), an employer must justify its use of a policy as job-related and consistent with business necessity. FULL ARTICLE