Continuing the nationwide crackdown on the use of criminal history as a factor in employment decisions, California’s Department of Fair Employment and Housing (DFEH) released proposed regulations for employers with new prohibitions on the practice. In addition to including limits on inquiring about or using four types of criminal history as part of employment decisions, the agency stated that considering criminal convictions may run afoul of state law if it has an adverse impact on individuals in protected categories based on gender, race or national origin. The analysis includes considering factors such as the job position, the geography of the applicant pool, and the type of convictions. In addition, the proposed regulations would require that employers provide notice to an applicant or employee before taking an adverse action due to a disqualifying conviction and provide a reasonable opportunity to present evidence that the information is factually inaccurate.
