by Michelle Galbraith, J.D.; Employment Law Adviser, CalChamber
California has rigid rules governing the use of criminal background checks, including California’s Fair Chance Act (FCA). The California Civil Rights Department (CRD) strictly enforces those laws, which protect applicants with criminal histories from discrimination, because as their Criminal History and Employment Fact Sheet explains, these applicants need access to job opportunities to support themselves and their families, improve their community ties and create opportunities for independence.
Often referred to as “ban the box,” the FCA went into effect in 2018. The law prohibits most employers from asking employment candidates about their criminal histories prior to making a job offer. Since the law took effect, the CRD has investigated hundreds of complaints alleging illegal consideration of criminal history, securing more than 60 settlements from employers on behalf of aggrieved candidates.
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