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Statewide Ban-the-Box Law in California

The California State legislature has introduced a bill, AB-1008, which, among other provisions, would make it unlawful for an employer to include on any application for employment, to inquire about an applicant's prior criminal history until a conditional offer of employment has been made.

If an employer does make a determination (after a required individualized assessment) to deny an applicant for employment, employers would be required to follow much stricter guidelines than the FCRA. Under the proposed law, as apart of preliminary (such as the FCRA's Pre-Adverse process) decision, the written notice would have to:

  • Identify the conviction item that is the basis for the potential denial or disqualification.

  • Provide a copy of the conviction history report, if any.

  • Provide examples of mitigation or rehabilitation evidence that the applicant may voluntarily provide.

  • Provide notice of the applicant’s right to respond as described in this section, and time limit to respond.

Please read more by clicking here. "California Lawmakers Introduce Statewide Ban-the-Box Law" by Jennifer Mora | Littler | JD Supra Business Advisor

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