Attention: California Employers
Hundreds of new laws went into effect in California at the
beginning of the year. One in particular, Senate Bill 530, has a profound
effect on employers and their hiring practices.
The law states “No
employer, whether a public agency or private individual or corporation, shall
ask an applicant for employment to disclose, through any written form or
verbally, information concerning an arrest or detention that did not result in
conviction, or information concerning a referral to, and participation in, any pretrial
or post-trial diversion program, or concerning a conviction that has been
judicially dismissed or ordered sealed pursuant to law”.
Basically, if it did not result in a conviction, you
(employers) cannot ask the applicant about it. This applies to diversion
programs as well. A satisfactorily completed deferral program is not classified
as a conviction. Upon completion of diversion programs, records are often
expunged. If the conviction has been expunged, you cannot ask about it. Seeing
a pattern? DO NOT ask or seek out information pertaining to charges that did
not result in a conviction or have been sealed by the courts.
It also states that you cannot use another source to get
information on dismissed criminal charges. As a consumer reporting agency, we
focus on reporting convictions. Prior to this law coming into effect, we
already refrained from including anything other than charges that resulted in a
conviction. This new law is aimed at employers
in California who are inquiring about charges that were dismissed and things of
that nature.
The law seeks to protect ex-offenders from being
discriminated against in the hiring process. If an employer breaks this law,
the applicant can bring action against that person to recover actual damages or
$200 (whichever is greater) as well as reasonable attorney’s fees. The
intentional violation of this law will allow the applicant to treble actual
damages or $500 (whichever is greater) plus reasonable attorney’s fees. This
intentional violation is also a misdemeanor punishable by a fine of up to $500.
As an employer, you are not privy to information regarding
an applicant’s arrests that did not result in a conviction. The law is meant to
give someone with a criminal record a second chance. Breaking this law can result
in civil penalties. You, as an employer, are responsible for being aware of
this new law. Intentionally ignoring the new law can result in misdemeanor
criminal charges.
Here is the entire bill.
