Employers who hire applicants and employees in California should review their job advertisements immediately to verify compliance with California’s Fair Chance Act (“FCA”). In its press release on October 20, 2021, the California Department of Fair Employment and Housing (“DFHE”) stated that it is using technology to find violations of the FCA in job postings available online. The DFHE gave an example of violations that it found, revealing that it located over 500 advertisements that stated that the employer would not consider any applicant with a criminal history. This type of prohibition in a job advertisement is illegal under the FCA. The DFHE also stated that it was notifying employers who had violated the FCA, requiring them to remove the improper language. Along with its press release, the DFHE has also provided a toolkit to help impacted employers comply with the FCA.
Based on this information, companies who employ individuals in California should review the requirements of the FCA and compare them against current job postings. If not already in place, they should consider putting policies and procedures into place to ensure that inappropriate language is not inserted into advertisements. The FCA also has requirements that must be followed by employers who consider taking adverse action, including an individualized assessment of the criminal history, the specific position, and other information. It is especially critical to ensure job postings comply with the FCA as the DFHE is also encouraging individuals to report violations. If you would like AccuSource to provide a complimentary review of your current background screening compliance program, please contact us at firstname.lastname@example.org.