An overview of California’s background check laws and how they protect job applicants and employees
California has specific laws to regulate employers’ use of background checks. These laws aim to protect the rights of job applicants and employees while also allowing employers to make informed hiring decisions.
The types of background checks allowed in California
In California, employers are generally allowed to conduct background checks on applicants and employees. However, there are limits on the types of information that employers can obtain and use during the hiring process.
Background check laws in California prohibit employers from considering certain types of criminal history, for example, arrests that did not result in a conviction or convictions that have been sealed or expunged.
Employers are prohibited from considering certain arrests or convictions unrelated to the job being applied for. Also, the law prohibits employers from obtaining and using certain types of personal information, for example, medical history or genetic information, during the hiring process.
California’s ban the box law
California has a “ban the box” law that prohibits employers from asking job applicants about their criminal history on the initial job application. Under this law, employers can only ask about an applicant’s criminal history after making a conditional offer of employment. This law aims to give job applicants with criminal histories a fair chance to be considered for employment.
The Los Angeles and San Francisco fair chance ordinances
Los Angeles and San Francisco cities have their fair chance ordinances that place additional restrictions on employers’ use of criminal history in the hiring process. These ordinances generally prohibit employers from considering certain types of criminal history unrelated to the job being applied for and require employers to consider the nature and seriousness of the offense. The length of time that has passed since the offense was committed.
The Fair Credit Reporting Act (FCRA)
The FCRA is a federal law regulating employers’ use of background checks. Under the FCRA, employers must obtain written consent from the applicant or employee before conducting a background check. They must provide the applicant with a copy of their background check report and a notice explaining their rights. The FCRA also requires employers to provide the applicant with an opportunity to challenge the accuracy of their background check report.
The California Information Privacy Act (CIPA)
The CIPA is a California law regulating businesses’ collection, use, and disclosure of personal information. Under the CIPA, employers are generally prohibited from obtaining and using certain types of personal information, such as medical history or genetic information, during the hiring process.
Anti-discrimination laws
California’s anti-discrimination laws, including the Fair Employment and Housing Act (FEHA), prohibit employers from using background check information to discriminate against job applicants or employees based on their protected characteristics, such as race, gender, and age. Employers are also required to make reasonable accommodations for applicants or employees with disabilities unless doing so would cause undue hardship for the employer.
The role of the Fair Employment and Housing Act in California’s background check laws
The Fair Employment and Housing Act (FEHA) is a state law in California that prohibits discrimination based on specific protected characteristics, such as race, gender, and age.
Under the FEHA, employers are prohibited from using background check information to discriminate against job applicants or employees. This means employers cannot use background check information to disqualify applicants or employees based on their protected characteristics unfairly.
Additionally, the FEHA requires employers to make reasonable accommodations for applicants or employees with disabilities unless doing so would cause undue hardship for the employer.
How employers must comply with California’s background check laws
Employers in California must comply with several requirements when conducting background checks. These include:
Obtaining written consent from the applicant or employee.
Providing the applicant with a copy of their background check report and a notice explaining their rights under the FCRA.
Not considering particular history or personal information during the hiring process.
Providing the applicant with an opportunity to challenge the accuracy of their background check report.
Understanding and addressing errors on a background check in California
If an applicant believes their background check report contains inaccurate or incomplete information, they have the right to dispute it. This can be done by contacting the consumer reporting agency that provided the report and explaining the error.
Employers are also required to provide the applicant with an opportunity to challenge the accuracy of their background check report. If the employer determines that the report contains errors, they must correct the report and notify the applicant of the correction.
California’s background check laws provide essential protections for job applicants and employees while allowing employers to make informed hiring decisions. By understanding and complying with these laws, employers can ensure that they are conducting fair and lawful background checks. Overall, transparency and compliance with the law are crucial for maintaining trust and fairness in the hiring process.
