Legislation recently introduced in the California State Assembly would impose new restrictions on when and how employers with five or more employees may inquire about, obtain, and use applicant conviction history, while strengthening procedural protections.

Quick Hits

• California Assembly Bill (AB) 2095 proposes significant amendments to California’s ban-the-box law, the Fair Chance Act.
• Provisions of the bill would require employers to provide a list of specific job duties that may be relevant to the employer’s subsequent assessment of conviction history and establish a rebuttable presumption regarding conviction-to-job relationships.
• AB 2095 would also require employers to document their assessments in writing and provide them to the applicant.

Current California Background Check Restrictions

The California Fair Chance Act restricts employers with five or more employees from seeking disclosure of an applicant’s conviction history on an application or inquiring about or considering an applicant’s conviction history before a conditional job offer. Employers considering taking post-offer adverse action based on an applicant’s conviction history are required to conduct an assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that justifies adverse action. In conducting this assessment, employers must consider a host of factors and sub-factors set forth in the associated regulations. The law...

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