According to recent developments, California employers must brace for a significant regulatory change. Starting from October 1, 2023, alterations to the Fair Employment and Housing Act (FEHA) regulations governing the utilization of criminal history in employment decisions will come into effect. This is a modification of the California Code of Regulations Title 2, Section 11017.1. The latest regulations add to the already extensive list of procedures that employers in California are required to follow, especially when they intend to use criminal history as grounds for rejecting an applicant or initiating other adverse actions. The adjustments were spearheaded by CDF Labor Law LLP.
This regulatory adjustment is part of the ongoing nationwide push for an equitable employment environment with decreased bias against individuals with criminal histories. The regulations aim at providing a second chance to those that have served their sentences and are seeking employment, therefore easing their reintegration into society. However, these changes inevitably bring about new challenges for employers to comply with the expanded list of requirements when dealing with applicants’ criminal histories and executing subsequent employment decisions.
As the October 2023 deadline approaches, it is crucial for employers to get acquainted with these transformed regulations as soon as possible. Early understanding and application of the new regulatory framework could mitigate potential litigation affiliated with noncompliance. Adverse actions instigated on criminal history grounds will have to be carefully deliberated and meticulously documented, lessening any risks of violating the FEHA or the newly modified Title 2, Section 11017.1.
The pieces of information given in this article were extrapolated from a detailed announcement provided by JDSupra. For a more granular comprehension of the new requirements, legal professionals and employers are encouraged to refer to the original announcement.