July 1 Brings New Law Banning Felony Question on Public Job Applications

An important reminder that on July 1, 2014, Section 432.9 of the Labor Code came into effect. California Labor Code Section 432.9 bans government employers from asking job applicants about their criminal record until later in the hiring process.  The purpose behind the law is to de-emphasize criminal background checks in light of recent federal warnings that using criminal background checks to screen initial applications is discriminatory. 

Specifically, Section 432.9.(a) states as follows:  “A state or local agency shall not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, including any inquiry about conviction history on any employment application, until the agency has determined the applicant meets the minimum employment qualifications, as stated in any notice issued for the position.

(e) As used in this section, “local agency” means any county, city, city and county, including a charter city or county, or any special district.”

Public employers should take prompt action to remove the check-box questions common on many applications that ask, “Have you ever been convicted of a felony.”

- See more at: http://www.youngwooldridge.com/blog/july-1-brings-new-law-banning-felony-question-on-public-job-applications/#sthash.SwR0o1kO.dpuf

An important reminder that on July 1, 2014, Section 432.9 of the Labor Code came into effect. California Labor Code Section 432.9 bans government employers from asking job applicants about their criminal record until later in the hiring process.  The purpose behind the law is to de-emphasize criminal background checks in light of recent federal warnings that using criminal background checks to screen initial applications is discriminatory. 

Specifically, Section 432.9.(a) states as follows:  “A state or local agency shall not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, including any inquiry about conviction history on any employment application, until the agency has determined the applicant meets the minimum employment qualifications, as stated in any notice issued for the position.

(e) As used in this section, “local agency” means any county, city, city and county, including a charter city or county, or any special district.”

Public employers should take prompt action to remove the check-box questions common on many applications that ask, “Have you ever been convicted of a felony.”

 

Topics:  Background Checks, Ban the Box, Criminal Background Checks, Felonies

Published In: Civil Rights Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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