CA Ban-The-Box Law

Applying for jobs is a stressful time for anyone, but if you have a criminal history, you may face even bigger hurdles in the job market. Knowing your rights is important when filling out employment applications. One such law that is helpful to understand is California’s Ban-The- Box legislation, which prohibits certain employers from asking about your criminal history during the initial application process. If you think you have been unfairly denied employment based on your criminal history, Orange County employment lawyers at the Serendib Law Firm can help you determine your legal options. We are committed to ensuring employees’ rights are protected at every stage of the employment process, including when seeking employment. Employers should not be allowed to discriminate on any basis, which includes a job applicant’s past criminal history. If you have questions about your employment rights, call the Serendib Law Firm at 1-800-LAW-8225 (800-529-8825) or contact us online today.

Under California's "ban the box" law, employers who have five or more employees are prohibited from asking about an applicant's criminal history before making an initial offer of employment. After making that offer, employers are still not allowed to deny employment based on a criminal conviction without conducting an individualized assessment of an applicant. Historically, state law prohibited employers from asking only about convictions that have been expunged. In 2017, Assembly Bill 1008, the official name of "ban-the-box" legislation was signed into law. Also known as the California Fair Chance Act, this law further protects job applicants by prohibiting employers from inquiring about any felony or misdemeanor convictions, expunged or not, before issuing a conditional offer.

The Ban-the-Box law aims to give applicants a fair chance to be evaluated based on qualifications and not just their criminal background. However, there are some exceptions to this law for those applying to certain positions. Applicants for positions with state or local agencies required to conduct conviction history checks as well as positions within criminal justice or law enforcement agencies can be asked about their prior convictions. If you have been asked about your criminal history when applying for position that does not fall under an exception, contact a knowledgeable Orange County discrimination lawyer at the Serendib Law Firm to explore your legal options.

After a conditional offer of employment, employers are then allowed to ask about a person's prior criminal convictions. Conditional offers of employment are dependent on conditions such as passing a background check. Employers are not permitted to consider criminal history that did not result in conviction in the hiring process. This history includes arrests, juvenile offenses, participation in diversion programs, as well as any sealed, expunged, or dismissed convictions.

Although employers can inquire about criminal convictions following a conditional offer, they cannot exclude an applicant solely based on discovery of a conviction. Employers must conduct individualized assessments of applicants based on factors like the nature and gravity of the offense, how much time has passed between the offense as well as the nature of the job being offered. Criminal background checks in California can only go back seven years, subject to limited exceptions. If an employer asks about criminal history or otherwise violates California's Ban-the-Box law, applicants may be able to file an employment discrimination complaint with the California Civil Rights Department (CRD) or pursue a lawsuit. In these cases, an applicant may recover monetary damages or be entitled to equitable relief.

The Orange County labor lawyers at the Serendib Law firm are dedicated to making sure employees, job-seekers, understand and are able to assert their rights. Having a criminal history shouldn't preclude you from employment, and in fact, it is unlawful for an employer to deny you a job based solely on that history. If you feel your rights under California's Ban-the-Box legislation have been violated, we can help you pursue proper legal action. Our firm represents clients across Southern California including Los Angeles, San Bernardino, and Riverside Counties. Call our office at 1-800-LAW-8225 (800-529-8825) or contact us online to speak with an attorney today.