California’s Fair Employment and Housing Act (FEHA) prohibits employers from inquiring into and using specific criminal record information, while also mandating procedures for evaluating such information and providing notice to applicants. The Department of Fair Employment and Housing (DFEH) is making extra efforts to enforce the protections, issuing investigative subpoenas, written interrogatories, and requests for the production of documents. Employers are advised to conduct a review of criminal record screening policies, as well policies and procedures regarding the fair credit reporting laws to ensure compliance and consider whether they are also subject to the fair chance ordinances in the City of Los Angeles and the City of San Francisco.
