California "Ban the Box" Law Takes Effect for Construction-related Contractors | Practical Law

California "Ban the Box" Law Takes Effect for Construction-related Contractors | Practical Law

California recently became the latest jurisdiction and the first state to enact so-called "ban the box" legislation specifically for construction-related contractors. The Fair Chance Employment Act, effective January 1, 2015, requires California employers making bids on state contracts involving on-site construction-related services to certify that they will not ask applicants to disclose their criminal conviction history either orally or in writing on or at the time of an initial employment application.

California "Ban the Box" Law Takes Effect for Construction-related Contractors

Practical Law Legal Update 7-597-7246 (Approx. 3 pages)

California "Ban the Box" Law Takes Effect for Construction-related Contractors

by Practical Law Labor & Employment
Published on 27 Jan 2015 • California
California recently became the latest jurisdiction and the first state to enact so-called "ban the box" legislation specifically for construction-related contractors. The Fair Chance Employment Act, effective January 1, 2015, requires California employers making bids on state contracts involving on-site construction-related services to certify that they will not ask applicants to disclose their criminal conviction history either orally or in writing on or at the time of an initial employment application.
On January 1, 2015, California became the latest jurisdiction and the first state to enact so-called “ban the box” legislation specifically for construction-related contractors. The Fair Chance Employment Act requires California employers making bids on state contracts involving on-site construction-related services to certify that they will not ask applicants to disclose their criminal conviction history either orally or in writing on or at the time of an initial employment application (Cal.Pub.Con.Code § 10186).
In effect, this latest “ban the box” law prohibits employers from including a check box on their employment applications asking applicants to disclose whether they have ever been convicted of a crime, and from inquiring about an applicant’s criminal conviction history. The Act does not apply to:
  • Positions for which a criminal background check is already required by state or federal law.
  • Contract positions with criminal justice agencies.
  • Employers that obtain workers from a hiring hall pursuant to a collective bargaining agreement.
Several jurisdictions already contain similar prohibitions on criminal inquiries for construction-related contracts, including New York City, Pittsburgh, Detroit and Boston. In addition, an increasing number of jurisdictions are adopting general “ban the box” laws applicable to all employers.