California introduces state-wide 'ban the box' bill

Assembly Bill 1008, which proposes new state-wide restrictions on an employer’s ability to make employment decisions based on an applicant or employee’s criminal records. The bill would make it unlawful for a California employer to:

• Include on an application for employment any question that seeks the disclosure of an applicant’s criminal history;
• Inquire into or consider the conviction history of an applicant before the applicant receives a conditional offer of employment; and
• Consider, distribute, or disseminate information that California already prohibits employers from considering (such as arrests that did not result in a conviction) as well as (1) misdemeanor convictions for which no jail sentence can be imposed, (2) infractions or misdemeanor convictions for which three years have passed since the date of the conviction and (3) felony convictions for which seven years have passed since the date of conviction.

AB 1008 also would require an employer that intends to deny employment to an applicant because of a prior conviction to conduct an individualized assessment of whether the applicant’s conviction history has a “direct and adverse relationship with the specific duties of the job that justify denying the applicant the position.” If any employers wants to deny an applicant employment following their individualized assessment, they must provide the applicant written notice that:

• Identifies the conviction item that is the basis for the potential denial or disqualification;
• Provides a copy of the conviction history report, if any;
• Provides examples of mitigation or rehabilitation evidence that the applicant may voluntarily provide, such as evidence showing that at least one year has passed since the applicant’s release from prison or jail without any subsequent criminal conviction or evidence showing compliance with the terms and conditions of probation or parole; and
• Provides notice of the applicant’s right to respond within 10 days.

According to the bill, roughly seven million Californians – or nearly one in three adults – have an arrest or conviction record that can significantly undermine their efforts to obtain gainful employment.]]>