12952.
(a) Except as provided in subdivision (d), it is an unlawful employment practice for an employer to do any of the following:(1) To include on any application for employment any question that seeks the disclosure of an applicant’s criminal history.
(2) To inquire into or consider the conviction history of the applicant, including any inquiry about conviction history on any employment application, until after the applicant has received a
conditional offer.
(3) In conducting a conviction history background check in connection with any application for employment, to consider, distribute, or disseminate information on any of the following:
(A) Arrest not followed by conviction.
(B) Referral to or participation in a pretrial or posttrial diversion program.
(C) Convictions that have been sealed, dismissed, expunged, or statutorily eradicated pursuant to law.
(D) Misdemeanor convictions for which no jail sentence can be imposed, or infractions.
(E) Misdemeanor
convictions for which three years have passed since the date of conviction or felony convictions for which seven years have passed since the date of conviction.
(4) To interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(b) This section shall not be construed to prevent an employer from conducting a conviction history background check not in conflict with the provisions of subdivision (a).
(c) (1) (A) An employer that intends to deny an applicant a position of employment solely or in part because of the applicant’s prior conviction of a crime must make an individualized assessment of whether the applicant’s
conviction history has a direct and adverse relationship with the specific duties of the job that justify
denying the applicant the position. In making the assessment described in this paragraph, the employer shall at least consider all of the following:
(i) The nature and gravity of the offense or conduct.
(ii) The time that has passed since the offense or conduct and completion of the sentence.
(iii) The nature of the job held or sought.
(B) In making the individualized assessment described in this paragraph, the employer shall be consistent with the Equal Employment Opportunity Commission’s Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (April 2012) and the regulations of
the Department.
(2) If the employer makes a preliminary decision that the applicant’s conviction history disqualifies him or her from employment, the employer shall notify the applicant of this preliminary decision in writing. That notification shall contain all of the following:
(A) Identify the conviction item that is the basis for the potential denial or disqualification.
(B) Provide a copy of the conviction history report, if any.
(C) Provide examples of mitigation or rehabilitation evidence that the applicant may voluntarily provide.
(D) Provide notice of the applicant’s right to respond as described
in this section, and time limit to respond.
(3) The applicant shall have at least 10 business days to respond to the notice provided to the applicant under paragraph (2) before the employer may make a final decision. That response may include information that challenges the accuracy of any information provided in the notice, or the submission of mitigation or rehabilitation evidence, or both. Evidence of mitigation or rehabilitation may be established by any of the following:
(A) Evidence showing that at least one year has elapsed since release from any correctional institution without subsequent conviction of a crime.
(B) Evidence showing compliance with terms and conditions of probation or parole.
(C) Any other evidence of mitigation or rehabilitation and present fitness provided, including, but not limited to, letters of reference.
(4) The employer shall consider information submitted by the applicant pursuant to paragraph (3) before making a final decision.
(5) If an employer makes a final decision to deny an application solely or in part because of the applicant’s prior conviction of a crime, the employer shall notify the applicant in writing of all the following:
(A) The final denial or disqualification.
(B) Any existing procedure the employer has to challenge the decision or request
reconsideration.
(C) Whether the applicant may be eligible for other employment or occupation with the employer.
(D) The earliest date the applicant may reapply for a position of employment.
(E) The right to file a complaint with the department.
(d) (1)This section does not apply in any of the following circumstances:
(A)
(1) To a position for which a state or local agency is otherwise required by law to conduct a conviction history background check.
(B)
(2) To a position with a criminal justice agency, as defined in Section 13101 of the Penal Code.
(2)With regard to a position that federal or state law prohibits the employer from hiring an applicant who has been convicted of a particular crime, this section shall apply as follows:
(A)Notwithstanding paragraphs (1) and (2) of subdivision (a), an employer may inquire, before a conditional offer is made, as to the conviction history of an applicant for only the particular crime that federal or state law prohibits the employer from hiring the applicant into that position, but the employer shall not inquire as to or consider the conviction history of the applicant for any other crime.
(B)An employer is not required to comply with paragraph (3) of subdivision (a) for that position only to the extent that federal or state law requires the employer to consider, distribute, or disseminate the information described in paragraph (3) of subdivision (a) for that position.
(C)An employer is not required to comply with paragraph (1) of subdivision (c) for that position. In that instance, the employer shall inform the applicant, in the notice described in paragraph (2) of subdivision (c), that a federal or state law prohibits the employer from hiring the applicant because of his or her conviction history.
(3) To a position as a Farm Labor Contractor, as described in Section 1685 of the Labor Code.
(4) To a position where an employer or agent thereof is required to take an action pursuant to any state, federal, or local law that requires criminal background checks for employment purposes or restricts employment based on criminal history. For purposes of this paragraph, federal law shall include rules or regulations promulgated by a self-regulatory organization as defined in Section 3(a)(26) of the Securities Exchange Act of 1934, as amended by 124 Stat. 1652 (Public Law 111-203), pursuant to the authority in Section 19(b) of the Securities Exchange
Act of 1934, as amended by 124 Stat. 1652 (Public Law 111-203).
(e) The remedies under this section shall be in addition to and not in derogation of all other rights and remedies that an applicant may have under any other law, including any local ordinance.