California’s ban the box laws and the California Labor Code both create a patchwork of rules that put employers at risk when checking whether an applicant has a criminal record. In order to avoid liability, while still considering criminal histories in employment, employers should remember that a job applicant can no longer be rejected because they have a criminal record. However, once an employer decides that a criminal record is potentially disqualifying, statewide laws dictate that it must provide the individual with a “pre-adverse action” notice and include with it a copy of the background report and the Consumer Financial Protection Bureau’s Summary of Rights. Additional laws also must be considered at the city-wide level, such as the city of Los Angeles’ ordinance, which imposes additional onerous steps on employers who have considered criminal history.
