NEW YEAR, NEW EMPLOYMENT LAWS: Asking About Felonies

California Adds Laws on Conviction History

Adding Government Code § 12952 and deleting Labor Code § 432.9

This new law prohibits an employer with more than five employees from inquiring about or considering a job applicant’s conviction history prior to making a conditional offer of employment.

An employer must create an "individualized assessment" of whether applicant’s conviction history “has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position.”

There are specific procedural requirements included in the new law that requires the employer to give notice to the applicant and the applicant must have the opportunity to respond. Finally, the Act gives employee the right to file appeal with DFEH.

Rule: Before interviewing an employee, make sure you know the specific rules of what you can and cannot ask. A felony may be enough to prevent hiring an candidate, but under this law, there are certain requirements before denying employee.