On July 24, the California Office of Administrative Law approved the Civil Rights Council's proposed amendment to California's employment regulations relating to criminal history, which are set to become effective on Oct. 1.
Among other changes, the amendment modifies the existing regulations regarding employers' investigation of a job applicant's criminal history. Notably, the amendment expands the definition of employer under those regulations in such a way that could potentially implicate a background screener conducting a background check on behalf of an employer.
The regulations regarding employers' criminal history inquiries originally took effect in July 2017 and mandated a process that employers must follow when considering criminal information as part of an employment decision. In a nutshell, the regulations prohibit employers from inquiring into, considering, distributing, or disseminating information related to a job applicant's criminal history until after the employer has made a conditional offer of employment. They prohibit inquiring into or considering certain types of criminal records at any stage of the employment decision, require employers to conduct an individualized assessment before rescinding a conditional offer of employment based upon the applicant's conviction history, and require a specific notice to be provided to a job applicant before adverse action is taken.
The new amendment to the regulations largely clarifies and adds details to the...
PHOTO: LIANHE ZAOBAO SEOUL – The agency of South Korean actor Kim Soo-hyun said on May 27 that “the truth is being confirmed through due legal process and a thorough investigation”, following the ...