FAIR CHANCE DESERVED – Job Applicants' Rights Under California’s Fair Chance Act
Securing employment is already a challenging process, but for individuals with a criminal conviction, this challenge can feel nearly impossible. The stigma of a criminal record has historically excluded many qualified candidates from being considered for jobs. Fortunately, California lawmakers recognized this issue and passed the Fair Chance Act in 2018, giving individuals with conviction histories a fairer opportunity in the hiring process.
At R23 Law, our Fair Chance Act Lawyers are committed to protecting the rights of job applicants and holding employers accountable when they violate the law. If you’ve experienced discrimination due to your criminal history, understanding your rights is the first step toward justice.
What Is The Fair Chance Act?
California’s Fair Chance Act is often referred to as a “ban the box” law. It restricts employers with five or more employees from asking about an applicant’s criminal history during the initial stages of the hiring process. This means that employers cannot include questions about criminal convictions on job applications or during interviews before making a job offer.
The intent behind the law is clear: reduce barriers to employment for individuals with past convictions by giving them a fair chance to showcase their qualifications without being immediately disqualified based on their record. Gainful employment is critical for helping individuals rebuild their lives, provide for their families, and contribute to their communities.
What Employers Can and Cannot Do
While the Fair Chance Act aims to level the playing field for job seekers, it doesn’t completely prevent employers from considering criminal history in every case. Here’s what the law requires:
Prohibited Actions Before a Job Offer:
No Criminal History Questions: Employers cannot include questions about criminal convictions on a job application.
No Discussion of Criminal Records: During interviews, employers cannot ask applicants about their criminal records.
No Background Checks: Employers cannot perform a criminal background check before extending a conditional offer of employment.
What Happens After a Job Offer?
Once an employer extends a conditional job offer, they may conduct a criminal background check. However, even at this stage, employers must follow certain rules:
Employers cannot consider arrests that did not result in a conviction, diversion programs, or convictions that have been sealed, expunged, or reversed.
If an employer decides to rescind a job offer based on a criminal record, they must make an individualized assessment. This assessment should take into account:
The nature of the offense,
How much time has passed, and
The relevance of the offense to the job in question.
the Fair Chance Act Often Comes Up Alongside Background Check Errors
Many employers rely on background checks when evaluating potential employees, which brings another key law into focus: the Investigative Consumer Reporting Agencies Act (ICRAA). The ICRAA is a California law that governs the use of background checks and ensures that employers follow strict procedures when obtaining and using consumer reports to make employment decisions.
Often, Fair Chance Act violations go hand-in-hand with background check errors that violate the ICRAA. Common problems include:
Inaccurate or outdated information being reported, such as charges that were dismissed, sealed, or expunged.
Failure to provide proper disclosures or obtain authorization before running a background check.
Using background check information to make a hiring decision without providing proper notice or an opportunity to dispute the report.
These errors can be devastating for job applicants, especially when coupled with violations of the Fair Chance Act. If you’ve been denied a job because of mistakes in your background check, you may have grounds for a claim under both the Fair Chance Act and the ICRAA.
What To Do If Your Fair Chance Act Rights Were Violated
If you’ve been denied employment based on your criminal history without following the proper legal procedures, you may have a claim under the Fair Chance Act. For instance, if an employer asks about your conviction history during the interview or on the application before making an offer, this is a clear violation. Even if you fail to disclose your criminal record due to their improper questioning, they cannot use that information against you later.
At R23 Law, our Fair Chance Act Lawyers are experts in navigating the complexities of employment law and can help you fight back against illegal hiring practices. If you believe your rights have been violated, our attorneys can evaluate your situation and help you hold the employer accountable.
Protecting Your Rights with R23 Law’s Fair Chance Act and Background Check Error Lawyers
At R23 Law, our Fair Chance Act Lawyers are also experienced in handling ICRAA violations and background check errors. Employers must comply with both the Fair Chance Act and ICRAA to ensure a fair and lawful hiring process. If they fail to do so, you have legal options.
We’ve seen numerous cases where applicants were denied jobs due to background checks that contained incorrect information. These mistakes often include convictions that were sealed or dismissed or even records that don’t belong to the applicant. When employers use these flawed reports to make decisions without giving the applicant an opportunity to correct the errors, they may be in violation of both the Fair Chance Act and ICRAA.
How R23 Law’s Fair Chance Act Lawyers Can Help
Violations of the Fair Chance Act and ICRAA are more common than you might think. Many employers either ignore the law or are unaware of their obligations. R23 Law’s Fair Chance Act Lawyers have the experience and knowledge to guide you through the legal process and pursue justice on your behalf.
Consultation and Case Evaluation: We will review the details of your case to determine if the employer’s actions violated the Fair Chance Act or ICRAA.
Filing a Complaint: If your case has merit, we’ll assist you in filing a complaint with the California Department of Fair Employment and Housing (DFEH).
Litigation: In some cases, litigation may be necessary to secure the compensation and relief you deserve. Our attorneys are well-versed in fighting for the rights of employees.
Take Action Today
If you’ve been denied employment because of your criminal record or because of errors in your background check, it’s important to act quickly. R23 Law’s Fair Chance Act Lawyers offer free consultations and can help you understand your rights under the law.
Don’t let an employer’s illegal actions prevent you from obtaining meaningful employment.
