Rejected because of your criminal history?
You have a California Ban the Box claim for damages!
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. Additionally, it confers several rights on applicants and mandates that employers follow several obligations. Where an employer does not adhere to California’s Ban the Box law, the applicant has a claim.
There are several ways an employer violates California’s Ban the Box law, including:
- Asking the applicant about criminal history on a job application or during an interview;
- Not providing written notice that an applicant is disqualified from employment due to their criminal history;
- Failing to provide an applicant to respond to their disqualification from employment;
- Not providing a copy of the criminal background report used in screening the applicant;
- Failing to perform an individualized assessment to justify the employment denial;
- Failing to allow the applicant a five day extension for their response to a preliminary denial;
- Denying employment because the applicant has a criminal history.
If an employer recently violated California’s Ban the Box law in one of the ways mentioned above, your rights were violated. You were unlawfully disqualified from employment, and you have a claim.
If your California Ban the Box rights were recently violated, you might be able to take legal action. Where an employer violates any aspect of California’s Ban the Box law, 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. They constitute employment discrimination. If an employer did not adhere to California’s Ban the Box law, you have a legal 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 firstname.lastname@example.org. Astanehe Law Knows Employee Rights.