Advocating For California Employee Rights

Did a potential employer violate The Fair Chance Act?

On Behalf of | Oct 28, 2021 | Employment Law

California workers have enjoyed the protections afforded to them by The Fair Chance Act since the start of 2018. This state law restricts how employers can advertise positions and consider applicants for any vacancies that they may have. This law was enacted to ensure that workers with criminal records were afforded a fair shake when applying for positions.

While employers are expected to keep up with the passing of new laws, some don’t. You could hold them liable for failing to uphold The Fair Chance Act.

What does The Fair Chance Act require employers to do?

This law restricts most employers from asking questions about a prospective employee’s potential criminal past on job applications and during interviews. This law also prohibits employers from performing background checks on their prospective workers until after they’ve offered them a conditional job offer. 

The law also lays out the ground rules that employers must follow when performing a background check on a job candidate after a conditional job offer is made.

Employers should weigh the following factors when determining whether to extend a firm offer to a prospective employee:

  • The connection between the crime and the job role
  • How long it has been since the candidate completed their sentence
  • Chances that the prospective employee didn’t commit the crimes they were convicted of
  • Rehabilitative efforts that the job candidate has made

The Fair Chance Act affords California employers the right not to hire a worker after performing a background check following the initial conditional job offer. Please note that these background checks are generally limited to just the last seven years.

An employer’s violation of The Fair Chance Act may rise to the level of discrimination. Take time to learn more about the various options you can pursue if it appears that a prospective employer violated the law.