Epstein Becker: California Regulations on Use of Criminal History Information in Employment Decisions | Practical Law

Epstein Becker: California Regulations on Use of Criminal History Information in Employment Decisions | Practical Law

This Law Firm Publication by Epstein Becker & Green, P.C. addresses new regulations adopted by California's Fair Employment & Housing Council designed to maintain consistency between laws, such as the Fair Employment and Housing Act, that govern employers' use of criminal history information in employment decisions. The regulations require an employer to demonstrate both job-relatedness and business necessity in order to request an applicant or employee's criminal history, if the request causes adverse impact on the individual. The publication details the particular circumstances under which the employer may request criminal history information and the burden-shifting process for demonstrating the necessity of the request. The new regulations are effective July 1, 2017.

Epstein Becker: California Regulations on Use of Criminal History Information in Employment Decisions

by Epstein Becker & Green, P.C.
Published on 13 Apr 2017California
This Law Firm Publication by Epstein Becker & Green, P.C. addresses new regulations adopted by California's Fair Employment & Housing Council designed to maintain consistency between laws, such as the Fair Employment and Housing Act, that govern employers' use of criminal history information in employment decisions. The regulations require an employer to demonstrate both job-relatedness and business necessity in order to request an applicant or employee's criminal history, if the request causes adverse impact on the individual. The publication details the particular circumstances under which the employer may request criminal history information and the burden-shifting process for demonstrating the necessity of the request. The new regulations are effective July 1, 2017.