How Does the New “Individualized Assessment” Law Impact CA Employers?

Effective January 1, 2018, California employers will be subject to new restrictions when considering criminal history in hiring decisions.  California has expanded its “ban the box” law and adopted a statewide “individualized assessment” requirement.  California employers will not be permitted to inquire about or consider an applicant’s criminal history until a conditional offer of employment has been made.  Once an offer has been made and criminal history has been obtained, an employer must perform an assessment to determine how the circumstances of the criminal history relate to the nature and duties of the desired position.  Before making a final decision to disqualify an applicant, an employer must give the applicant five business days to dispute the accuracy of the criminal history information and/or present evidence of rehabilitation or any additional information that would further explain or mitigate the criminal history information.  Consult with counsel if you have questions or concerns about the use of criminal history information in the hiring process.