• California’s AB 2064 would add “criminal history” as a new protected characteristic under both the Unruh Civil Rights Act and FEHA.
• Employers would retain the ability to consider criminal history through an individualized assessment under the Fair Chance Act, but would be required to demonstrate that the conviction directly and adversely relates to specific job duties before denying employment.
• The bill builds on California’s existing Fair Chance Act framework rather than replacing it, and if enacted would significantly expand employer obligations around criminal history inquiries across employment, housing, and business accommodation contexts.

At its core, AB 2064, which was introduced by Assembly Member La-Shae Sharp-Collins (D-San Diego) and amended on April 6, 2026, would amend two foundational California civil rights statutes to prohibit discrimination based on a person’s criminal history.

The bill would add “criminal history” to the Unruh Civil Rights Act’s list of protected characteristics—which currently includes sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, and immigration status. The bill defines “criminal history” for purposes of the Unruh Act to mean a documented record of criminal offenses for which a person has been arrested, charged, convicted, incarcerated, or referred to a pretrial or posttrial diversion program.

AB 2064 would...

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