Proposed regulations clarifying how using a person’s criminal history may violate the state’s Fair Employment and Housing Act (FEHA) would create additional avenues for job applicants and employees to sue employers.
Employers should proceed with caution when using criminal histories to make employment decisions.
Read the proposed regulations at www.oal.ca.gov/files/2016/08/08z-2016.pdf.
FEHA does not protect anyone on the basis of their status as an ex-offender. That doesn’t mean applicants and employees with criminal histories don’t have possible legal claims.
The proposed regulations specifically state that a person may file a discrimination claim under FEHA if the employer’s reliance on a criminal conviction adversely impacts an individual within a protected class.
Note: Employers subject to federal or state laws or regulations mandating criminal history screening or requiring employees to possess an occupational license ...(register to read more)