Under California’s Fair Chance Act, also known as Ban the Box, California employers cannot inquire about criminal history on employment applications. The Ban the Box Law seeks to remove the stigma associated with criminal records and give all applicants a fair chance at securing employment.
Can California Employers Inquire into Criminal Records on Applications?
No. California’s Fair Chance Act prohibits California employers from including any questions or requests related to an applicant’s criminal record.
Have you ever been convicted of or pled no contest or guilty to a felony?-Prohibited Employment Application Question
Additionally, the California Fair Chance Act prohibits California employers from conducting criminal background checks until after extending a conditional employment offer.
What Happens Where an Employer Requests Criminal Record Information on an Application?
A California employer who asks for criminal record information violates California law and is liable for damages. Applicants & employees who have suffered a Ban the Box violation – including being forced to disclose their criminal record information on an initial application – are entitled to recovery of their actual damages, a significant punitive damage award, and a statutory penalty of up to $25,000. Additionally, the employer must pay the aggrieved applicant‘s court costs and attorney fees.
Are Any Positions Not Covered by California’s Ban the Box Law?
- Positions for employers with fewer than five employees;
- Positions requiring a mandatory criminal background report;
- Positions at criminal justice agencies;
- Farm labor contractors;
- Positions requiring the employer to perform a criminal background check or to restrict employment based on criminal history.
No Upfront Costs for California Ban the Box Lawsuit
Astanehe Law handles California Ban the Box claims on a contingency basis. This means that applicants who were asked about their criminal record on a California application can pursue their claims without having to pay an upfront flat fee or exorbitant billable rate.
Astanehe Law Knows the California Ban the Box Law
Astanehe Law, California’s leading employee rights law firm, has significant Ban the Box experience. If you recently completed an application requesting information pertaining to your criminal record, your rights were violated, and you have a claim. Astanehe Law will fight for you.
Litigation is stressful. To that end, Astanehe Law provides each client with comprehensive legal service so that they remain fully informed and comfortable throughout the process. Astanehe Law is a full-service law firm committed to fiercely litigating injustice on behalf of its clients.
If you have any questions about the California Ban the Box law, or to discuss your Fair Chance Act options, contact Astanehe Law to speak with an experienced employment law attorney.
This article originally appeared on the Astanehe Law website. To discuss with an attorney California’s Ban the Box Law, a wrongful employment denial, or a wrongful termination, contact Astanehe Law. Contact Astanehe Law for assistance.