California recently passed Senate Bill 731 (“SB 731”) into law which significantly expands the automatic sealing eligibility of most felonies that occurred on or after January 1, 2005, if certain circumstances are met. This will impact the type of records employers can lawfully rely upon for hiring decisions after conducting employment background checks.
On October 14, 2017, Governor Brown signed Assembly Bill 1008 (the “Fair Chance Act”). The new law puts in place some protections for those individuals with criminal backgrounds seeking employment. The new law will be contained in Section 12952 of the California Government Code.
Background.
Existing law prohibits an employer, whether a public agency or
By: Chuck Post and Lizbeth West
The EEOC issued its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.” on April 25, 2012. (“EEOC Enforcement Guidance No. 915.002”.)
Continue Reading Arrest and Conviction History: As to Banks and Financial Institutions, Is the EEOC’s Guidance Built on An Erroneous Foundation?
