California’s Modified Background Regulations Take Effect October 1st

These modifications take effect on October 1, 2023.

Employers should remember the following as these changes take effect.

When notifying an applicant of a disqualification the notice must include all of the following:
- Notice of disqualifying conviction that is the basis for the preliminary decision.
- A copy of the conviction history report relied upon.
- Notice of the applicant’s right to respond to the notice before the preliminary decision becomes final.
- Explanation informing an applicant that they can submit either or both evidence to challenge the conviction history or evidence of rehabilitation or mitigation.
- Notice of the deadline for the applicant to respond.
Individualized assessments must be “reasoned, evidence-based determination” and provide detail on what may be taken into consideration.
Labor contractors, union hiring halls, and client employers are deemed employers governed by the Fair Chance Act and they must comply with the requirements for workers who are admitted to a pool or availability list.
Employers may require applicants to complete the IRS form 8850 or equivalent before a conditional offer is made, as long as the information gathered is used solely to apply for the IRS Work Opportunity Tax Credit.

National Law Review, Volume XIII, Number 272