California Employers Must Comply with Regulations for Use of Criminal History in Employment Decision

California employers should be aware of the “California Fair Employment & Housing Council (FEHC) Consideration of Criminal History in Employment Decisions Regulations” that restrict the use of criminal records by employers in hiring and other employment decisions that took effect on July 1, 2017, according to an article posted on the Society for the Human Resource Management (SHRM) website.

In the article entitled “New Criminal History Screening Restrictions Now in Effect in California,” SHRM Online Editor/Manager Roy Maurer interviewed background check experts that included Attorney Lester Rosen, the founder and CEO of Employment Screening Resources® (ESR), a global background check firm located in the San Francisco, California-area, and the author of “The Safe Hiring Manual.”

The California FEHC – the state agency charged with enforcing the state’s civil rights laws – adopted the regulations that closely follow the “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” that was issued by the U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012.

The guidance from the EEOC – the agency that enforces federal laws prohibiting employment discrimination – does not prohibit employers from using criminal records but outlines best practices that employers should follow for criminal records of applicants and employees with protected characteristics under Title VII of the Civil Rights Act of 1964 that include sex, race, color, national origin, and religion. FULL ARTICLE

© 2020

InteliCrunch is a free service provided by a collective of people who monitor the background screening industry and how events affect not only the people in it, but even more importantly, the real human impact the industry has on today's society.*All third party logos and / or images used on this website are the sole property and / or registered trademarks of their respective companies or copyright holders. Use of these logos, images or likenesses does not, in any way, imply the endorsement of InteliCrunch by any of the businesses, brands or individuals represented, their parent companies, officers, employees, partners, or affiliates. Any such usage is for informational / news purposes only.  Any / all articles, announcements, releases or third-party-authored content is / are linked back to the original "source"  and author credit given  Furthermore, InteliCrunch is not responsible for, and does not warrant the safety of any third-party links or sites to which any viewer may be directed from InteliCrunch.  InteliCrunch has made reasonable efforts to ensure that any news or informational links on the site are from "known and reputable"  sources / websites.