In January, the California Fair Employment and Housing Council (FEHC) approved regulations related to employer use of criminal history information. The regulations will likely go into effect in July and add significant new language prohibiting employers from using criminal history information that has an “adverse impact” on employees based on protected categories. The regulations, which largely echo federal cases and a 2012 Guidance issued by the federal Equal Employment Opportunity Commission (EEOC), also set forth a complex procedural process and standards that must be followed by employers when considering criminal convictions in hiring.
