News & Analysis as of

California Fair Employment and Housing Act Job Applicants

McDermott Will & Emery

New FEHA Regulations Alter How, When Employers Can Consider Applicant’s Criminal Histories

McDermott Will & Emery on

The California Civil Rights Council (CRD) (formerly the DFEH) has issued new regulations that modify the Fair Employment and Housing Act (FEHA), the law that governs how and when California employers can consider a job...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Expands Marijuana Employment Antidiscrimination Law

On October 7, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 700 into law, expanding California’s Fair Employment and Housing Act to protect applicants from discrimination based on prior cannabis use, with...more

CDF Labor Law LLP

Reminder: October 1 New Requirements For Considering Criminal History in Employment

CDF Labor Law LLP on

On October 1, 2023, changes to the Fair Employment and Housing Act regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more

Perkins Coie

California’s Newest Regulations Regarding Criminal Records

Perkins Coie on

California’s Civil Rights Council (the Council), a branch of the California Civil Rights Department, issued proposed revisions, earlier this year, to the Fair Employment and Housing Act (FEHA) regulations governing an...more

Payne & Fears

Modifications to California Regulations Governing Employer Consideration of An Applicant’s Criminal History Approved

Payne & Fears on

The California Office of Administrative Law recently approved the Civil Rights Council’s amendments to regulations in the Fair Employment and Housing Act (“FEHA”) that govern employer inquiries into and consideration of a job...more

Davis Wright Tremaine LLP

California Modifies Employment Regulations Regarding Criminal History

New regulations effective October 1, 2023, will impact how employers may consider criminal history in employment decisions. The Fair Chance Act (FCA) prohibits California employers with five or more employees from inquiring...more

CDF Labor Law LLP

BEWARE: New Requirements for How California Employers May Consider Criminal History In Employment Go Into Effect On October 1,...

CDF Labor Law LLP on

On October 1, 2023, changes to the Fair Employment and Housing Act (FEHA) regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more

Littler

Changes in California’s Regulations Regarding Criminal Records Approved

Littler on

The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring...more

Proskauer - California Employment Law

AI is Here and So Are the New AI Rules for Employers

California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act.  Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331...more

Littler

Upcoming Changes in California’s Law Regarding Criminal Background Checks

Littler on

Employers that rely on criminal background checks to vet candidates know all too well that they must comply with a legion of statutes, ordinances, and regulations.  On December 15, 2022, the Civil Rights Council (“Council”)...more

Proskauer - California Employment Law

Federal Court in California Greenlights Drug Testing of Job Applicants

A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test.  Espindola v. Wismettac...more

Littler

California DFEH Ramps Up Enforcement of FEHA’s Protections Against Criminal Record Discrimination

Littler on

Employers with operations in California should be vigilant about compliance with the protections against criminal record discrimination in the California Fair Employment and Housing Act (FEHA).  The FEHA prohibits employers...more

Weintraub Tobin

Are You Asking Applicants When They Can’t Work? If So, You May Be Violating FEHA

Weintraub Tobin on

While employers were busy dealing with a multitude of issues during the peak of the Covid-19 pandemic in the Spring of 2020, the California Department of Fair Employment and Housing (“DFEH”) quietly issued some amended...more

Littler

Updates to California’s Restrictions on Using Criminal Records in Employment Decisions

Littler on

The California Fair Employment and Housing Act (FEHA), as amended in 2018, restricts a covered employer’s ability to make hiring decisions based on an individual’s criminal history, including but not limited to court records...more

Jackson Lewis P.C.

DFEH Releases FAQ, Updates Regulations For Fair Chance Act

Jackson Lewis P.C. on

The California Department of Fair Employment and Housing (“DFEH”) recently released Frequently Asked Questions (“FAQ”) for California’s Fair Chance Act. The Fair Chance Act, commonly referred to as California’s “ban the...more

Payne & Fears

Key California Employment Law Cases: September 2019

Payne & Fears on

ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Seyfarth Shaw LLP

Plaintiff Strikes Out in Tort Suit Against River Cats Baseball

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a refreshing display of judicial restraint, the California Court of Appeal has declined to extend California’s “wrongful termination” law to a failure to hire, because in the absence of a preexisting...more

Lewitt Hackman

Tameny Claim Strikes Out Against Employer

Lewitt Hackman on

Employee lawsuits for wrongful termination often allege claims for violating the Fair Employment and Housing Act (FEHA) and public policy. The public policy claim, often referred to as a “Tameny” claim, is based on a...more

Fox Rothschild LLP

Website Accessibility: Make Sure Your Website And Job Application Portal Is Accessible

Fox Rothschild LLP on

If you had asked me a few years ago about ADA accessibility lawsuits, I would have talked about the importance of ensuring your business’s seating, aisles, and restrooms complied with the ADA accessibility guidelines. ...more

Ervin Cohen & Jessup LLP

Misdemeanor Convictions in Hiring Decisions: What are the Limits?

Over the last few years we have seen “ban the box” laws enacted in various states and municipalities. In California, these laws limit the timing of an inquiry into a job applicant’s criminal history to after a conditional...more

Davis Wright Tremaine LLP

Hire With Less Risk: Limits On Employment Candidate Inquiries In California

California state and local legislation has made the employment application and interview process nearly as nerve-wracking for employers as it is for prospective candidates. From salary history to criminal history, topics once...more

Seyfarth Shaw LLP

Five Interview Question Don’ts For California Employers in 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recent California legislation, including laws banning questions about salary history and criminal convictions, has bought new interview jitters for employers. ...more

Holland & Knight LLP

New California Labor and Employment Laws for 2019

Holland & Knight LLP on

• The California Legislature passed numerous labor and employment bills that become effective on Jan. 1, 2019 • California's minimum wages and exempt salary thresholds increase on Jan. 1, 2019 • These laws were among the...more

McGuireWoods LLP

In With the New! New California Employment Laws for 2019

McGuireWoods LLP on

As 2019 quickly approaches, a number of new California laws impacting employers are set to take effect. As a response to the #MeToo and #TimesUp movements, a number of these new laws address sexual harassment in the...more

Foley & Lardner LLP

Potential #MeToo-Motivated Laws Address More Than Just Sexual Harassment

Foley & Lardner LLP on

The #MeToo movement has spawned several bills, many of which are aimed at prohibiting private arbitration of sexual harassment claims or outlawing confidentiality provisions in settlement agreements addressing sexual...more

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