On July 24, 2023, the California Office of Administrative Law endorsed alterations made by the California Civil Rights Council (CCRC) to the regulations associated with California’s Fair Chance Act. The latter prohibits employers with a workforce of at least five from asking prospective employees about their conviction history until a job offer has been extended. The latest amendments lay out additional requirements related to an applicant’s criminal past. This move reflects the state’s effort to provide equal job opportunities to individuals with a criminal record and is noteworthy for all legal professionals working in corporations and law firms.
The modifications in the regulations assert that an employer is prohibited from rescinding a job offer or firing an employee based on a past conviction unless the employer determines that the specific crime has a “direct and adverse relationship” with the duties of the job. For instance, a company cannot rescind an offer based on a misdemeanor drug charge if the position in question doesn’t involve tasks related to pharmaceuticals or drug enforcement.
Moreover, employers must now provide a written justification when a job offer is rescinded due to a previous conviction. This action offers employees the opportunity to challenge the decision. The modification also encapsulates a wider range of offenses than before, including infractions and certain convictions that are more than seven years old.
These amendments to the Fair Chance Act stem from a wider movement to dissolve employment barriers for those with a criminal history in California. Legal professionals in corporations and law firms should stay updated on these changes to ensure compliance with the law and avoid potentially costly disputes.