(This blog was first published as “California Employers Using Background Checks Must Comply with Updates to Fair Chance Act” on the ClearStar website at www.clearstar.net/california-employers-using-background-checks-must-comply-with-updates-to-fair-chance-act/.)
Originally enacted in 2018, the Fair Chance Act (FCA) is a California law that seeks to reduce barriers to employment for individuals with criminal histories. Due to updates to the law that took effect in October 2023, California employers who conduct background checks for employment purposes should revise their background check policies for compliance.
The California Fair Chance Act prohibits employers from asking about an applicant’s criminal history until after a conditional offer of employment has been made to the applicant. If an employer contemplates not hiring an applicant because of their criminal history, the company must perform an “individualized assessment” that considers the following factors:
If an employer does not want to hire an applicant after the assessment, a written notice must be sent to the applicant about potential adverse action and allow the applicant at least five (5) business days to respond [seven (7) business days in San Francisco]. If the employer still does not want to hire the applicant after a...
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