Can we ask applicants if they have a felony conviction in our application or during their interview?
If you have five or more employees, you cannot include a question on your application asking whether the applicant has any prior felony convictions. In fact, you cannot ask about criminal history at any time before the conditional offer of employment has been made. Covered employers cannot include any question on a job application that directly or indirectly seeks the disclosure of the applicant’s conviction history. You cannot inquire or consider the conviction history of an applicant until after a conditional offer of employment has been made.
California’s Fair Employment and Housing Act (FEHA) and several local ordinances protect
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