Employers in California now must comply with individualized assessment and other preexisting California Fair Chance Act requirements for many current employees, as well as applicants. The amended regulations do not change the nature of the California Fair Chance Act. Under the amended regulations, for example, the individualized assessment that must be conducted before making a preliminary decision to rescind an applicant’s conditional offer now must be “a reasoned, evidence-based determination.” Guidance is also provided on consideration of evidence of rehabilitation or mitigating circumstances.
