The state of California has passed “ban the box” for all employers of organizations with five or more employees. Assembly Bill 1008, which amends the FEHA to add a new government code section 12952, will restrict employers from utilizing applicant’s conviction records in making an employment decision. AB 1008 includes a “ban the box” provision, and an exclusion against considering criminal convictions history until a conditional job offer has been made. As a result of this law, “California employers will need to modify their job applications and update their training for those involved in the hiring process.”
There are exceptions to the new law based on certain positions:
Assembly Bill 1008 will make it unlawful for California employers to:
The new law also requires employers to conduct an Individualized Assessment if they are going to be taking adverse action based on the criminal conviction. The assessment should look at three areas surrounding the conviction:
If an employer decides to still take adverse action after the assessment, they must provide a written notice (in addition to what the FCRA already requires). The notice must include:
Once an applicant decides to dispute the information on the background screening report, they will have five business days to provide any documentation to support their claims. If the applicant can produce said documentation, they will be afforded another five business days to respond. If the employer’s final decision is to still take adverse action, the employer must provide a second written notice to the applicant with the following:
All employers in the state of California should understand and prepare for AB 1008 “ban the box” laws by updating their employment applications, reviewing their hiring policies, and partnering with competent organizations that provide compliant employment background checks.
One out of every six crimes occurs in the workplace and homicide is the second leading cause of workplace death in the U.S.
National Credit Verification Service reports that 25% of the MBA degrees it verifies on resumes are false.
72% of shrinkage is due to employee theft.
34% of all job applications contain lies.
30% of small business failure is caused by employee theft.