Are you applying for a job in California?
Employers cannot ask about criminal history on California applications!
Employers cannot ask about criminal history during employment interviews if they have not offered employment!
California’s Ban the Box law, officially known as the Fair Chance Act, prohibits employers from considering an applicant’s criminal history before extending a conditional employment offer. Government Code § 12952. The Ban the Box law applies to public and private employers that employ five more or people. Employers who do not comply violate the law. If you have submitted an application that inquired about your criminal history, your California Ban the Box rights have been violated.
Questions not allowed on California employment applications include:
- Have you ever been convicted of a felony?
- Have you ever been arrested?
- Are you currently awaiting trial for any criminal offense?
- Have you ever initiated an act of violence in the workplace?
- Are you presently in any rehabilitation programs related to criminal offenses?
- Have you ever been a Defendant in criminal court?
- Have you ever done time in jail?
Money Damages for California Ban the Box Violations
If you recently applied for a California job that asked about your criminal history, your California Ban the Box rights were violated. Where an employer denies you employment due to your criminal history, you can recover money damages, including actual damages, punitive damages, and a statutory penalty of up to $25,000. Additionally, you can recover your attorney fees if you are forced to file a lawsuit. California courts take Ban the Box violations seriously. If an employer asked you about criminal history on an application, you have a claim.
If your employer or prospective employer has denied your California Ban the Box law rights, contact Astanehe Law immediately to discuss your legal options. You have rights, and Astanehe Law may be able to assist you. Call us at (415) 226-7170 or email us at contact@astanehelaw.com. Astanehe Law Knows Employee Rights.
