The Department of Fair Employment and Housing (DFEH) recently amended The Fair Chance Act, expanding the definition of an “applicant” to include individuals who begin work before an employer’s review of their criminal history and clarifying that the Act must be complied with even when selecting workers supplied by labor contractors and union hiring halls. In addition, an explanation states that employers who are required by law to conduct criminal background checks do not have a full exemption from the Fair Chance Act. The Act now includes a direction that it is permissible to consider pretrial or post-trial diversion programs as evidence of rehabilitation or mitigating circumstances after a conditional offer has been made. Employers should also remain mindful of compliance with other local laws and ordinances, as well.
