California's FEHC issues proposed regulations for new "Ban the Box" law

The California Fair Employment and Housing Council (FEHC) proposed two regulations to implement provisions of Assembly Bill 1008 and the Senate Bill 63.

A.B. 1008, signed last year by Gov. Brown, enacted a new "Ban the Box" provision. This provision prohibits an employer from considering criminal history of a prospective employee until after a conditional offer of employment is made. 

Under AB 1008, an employer is required to notify an applicant in writing and provide at least "five business days" to respond to a revocation of a conditional offer of employment based on its review of applicant's criminal history. To avoid disputes over the "five business days'," language, the FEHC is proposing that the "five business days" be calculated from the date of receipt of the notice by the applicant.

The proposal also adds the following language:

"If notice is transmitted through a format that does not provide a confirmation of receipt, such as a written notice mailed by an employer without tracking delivery enabled, the notice shall be deemed received five calendar days after the mailing is deposited for delivery for California addresses, ten calendar days after the mailing for addresses outside of California, and twenty calendar days after mailing for addresses outside of the United States."

AB 1008 also provides that an applicant may respond to a revocation of a conditional offer of employment by including evidence of rehabilitation and/or mitigating circumstances. The proposed regulation will attempt to specify this provision as follows:

"The types of evidence that may demonstrate rehabilitation or mitigating circumstances may include, but is not limited to: the length and consistency of employment history before and after the offense or conduct; the facts or circumstances surrounding the offense or conduct; and rehabilitation efforts such as education or training."

Although the employer has the right to make the final decision to deny employment, this provision requires that the employer consider all information submitted by an applicant before making its final decision.

Source: Fisher Phillips, 3/2/2018

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.

Get In Touch

Send a Message *fields required

What are your Interests?optional

Contact Information

Even our RFP PROCESS is state-of-the-art.

Take a look

What our clients are saying

We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!

Licensing and Registration Manager
Investment and Insurance Company

I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.

Human Resources Administrator
Global Financial Services Firm

You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.

Principal Consultant
Major Professional Services Network

I am confident whenever we add a product with your company that I will have a good experience.

Division Manager
Insurance and Financial Services Agency

We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.

Large Insurance Agency

You are leaving

Ok, Continue Cancel