California Engages Technology to Identify "Ban-the-Box" Violations
Tags : Ban the Box
The state's Fair Chance Act restricts employers with five or more workers from asking applicants about past criminal history before extending a conditional employment offer.
The state's Department of Fair Employment and Housing (DFEH) recently announced that new strategies are in effect to uncover Act violations by conducting mass searches of online job advertisements in order to identify potentially prohibitive statements. Potential Act violations include job advertisement statements indicating that an employer will not consider an applicant that has a criminal history. Per a recent press release, the department noted that in one day of searches, more than 500 job advertisement statements were identified as being in violation of the Act.
"Using technology to proactively find violations of the state's anti-discrimination laws is a powerful strategy for our department to protect Californians' civil rights," said DFEH Director Kevin Kish. "DFEH is committed to preventing employment discrimination through innovative enforcement actions and by providing clear guidance to employers."
Last year, DEFH updated regulations governing background checks and published a Frequently Asked Questions (FAQ) page on the statute. To further assist employers in achieving compliance, the DFEH released a new Fair Chance Toolkit which includes sample forms and guides. In 2022, the DFEH plans to offer an interactive training and an online app.
California employers are encouraged to review the terms of the Fair Chance Act, the FAQ page that was released last year and the more recently posted toolkit in an effort to ensure that hiring practices and job advertisements are in compliance with the Act.
Posted: October 26, 2021
All Rights Reserved © 2021 Business Information Group, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
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!
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.
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.
I am confident whenever we add a product with your company that I will have a good experience.
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.