California gets more explicit about the 2018 Fair Chance Act that aimed to help those with previous criminal background records get a better chance at getting a job. Recent amendments went into effect in October that will have a big impact on most employers in the State regarding the fair and proper use of criminal background checks in the employment screening process.

Recently California’s Department of Fair Employment and Housing (DFEH) issued a new guidance clarifying the states Fair Chance Act, as well as indicating a willingness to enforce updated policy. The action in California that highlights the potential of significant change to laws governing the use of Criminal History Records, and Hiring Managers and HR Departments across the country should take immediate note. Laws governing pre-employment background screening face potential change and a best practice remains to work with a well-qualified third-party pre-employment background screening agency in order to remain compliant with existing and potential law.

The new guidance issued by DFEH is designed to clarify protections for workers with a criminal background record.

From JDSupra.com on October 15, 2020:

Since its implementation on January 1, 2018, The Fair Chance Act has been a source of questions for California employers. Also referred to as “banning the box,” Government Code section 12952 makes it illegal for most employers in California to ask about the criminal record of job applicants before making a conditional job offer.

The Department of Fair Employment and Housing (“DFEH”) recently amended the regulations implementing the law, with an effective date of October 1, 2020 ^{jdsupra.com/legalnews/dfeh-updates-ban-the-box-regulations-16361/}

Modification and clarification guidance, such as the one issues in California by DFEH, can be common across the country thus creating an ongoing change to law. Hiring managers are challenged with remaining compliant with existing law. As ban-the-box and similar laws in big States like California take effect, the whole country should be evaluating the efficacy of such laws and whether or not they want to participate in such a movement.

To read more about this subject read recent press release: California’s New Guidance Highlights Potential Change Affecting Hiring and Criminal Records