In a recent development, the California Office of Administrative Law approved the Civil Rights Council’s proposed amendments to regulations regarding the consideration of criminal history in employment. The changes are due to come into effect from October 1, 2023, mandating compliance from employers with individual assessments and other pre-existing requirements under the California Fair Chance Act. These guidelines will not only apply to new applicants but many existing employees as well. According to Morgan Lewis, the amended regulations both clarify as well as supplement these requirements.
The amendments are designed to promote a fairer hiring process by limiting the extent to which employers can consider an applicant’s criminal history, consequently increasing job opportunities for individuals with records. The objective of the revision is to reduce the barriers faced by ex-offenders in attaining employment, consequently easing their reintegration into society.
Among other things, the amendments specify that most employers will not be lawfully able to inquire about an applicant’s criminal history until a conditional employment offer has been given. It also limits the types of criminal records which can be legally considered by employers, factoring in the nature of the offense and the time passed since its occurrence.
Furthermore, the regulation asserts that employers are mandated to provide an “individualized assessment” in the event they decide to deny employment based on a conviction. This means they must evaluate if the applicant’s conviction history has a “direct and adverse relationship” with the duties of the job that justify denying the individual the employment.
Overall, legal professionals, corporate organisations, and law firms need to be aware of these amendments and their implications as they will significantly impact hiring and human resources procedures.