When a person applies for a job, there is a certain expectation of having to disclose information regarding their personal life and history. While this typically revolves around their previous employment and lifestyle, this can also include letting a potential employer know about a criminal history. While some of these applicants need a job as a condition of their parole, in a lot of cases, they are just looking for stability and to move forward with their life.
California law protects these applicants from an employer inquiring about or denying a job offer because of their criminal history. Still, sometimes an employer will violate this law and use criminal history as a means of keeping a qualified applicant from a job.
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Maison Law is proud to offer free consultations to potential clients, especially when an employer violates their rights. Our team of compassionate California employment lawyers strive to listen without judgment and help any client recover compensation.
How does Criminal History Factor Into Job Applications in California?
Like other states, California has certain exceptions to its law when considering a job applicant with a criminal history. These exceptions typically apply to the following positions:
- Positions with state or local agencies, which are required by law to conduct a criminal background check.
- Positions with a police department or other criminal justice agency.
- Farm Labor Contractor positions
- Positions with an employer that are required by law to conduct criminal background checks.
- Positions with an employer that restrict employment based on criminal history.
As a general rule, employers are within their right to ask an applicant about their criminal history after making a conditional offer of employment. If the employer wishes to deny the applicant because of their criminal record at that point, they have to notify the employee about the decision in writing. At that point, the applicant has five days to respond and appeal the decision.
Criminal Background Checks
Obviously, a criminal background check plays a huge role in determining whether or not an applicant will be selected for certain jobs. It’s important for applicants to understand that most criminal background checks go back only seven years. Thus, convictions older than seven years won’t show up on them.
California’s “Ban the Box” Law
California’s law as it relates to the consideration of a job applicant’s criminal record is informally known as the “ban the box” law. Officially codified under Assembly Bill 1008, the law is also known as the “California Fair Chance Act.”
Under this law, employers with five or more employees are prohibited from using the applicant’s criminal history to deny them employment. Further, the law is designed to have the applicant be considered based on their qualifications, and these applicants can’t be eliminated from consideration due to their criminal record. Employers also may not ask applicants about their criminal history at any point during the interview process.
It further protects applicants by not allowing employers to consider other criminal history when making hiring decisions. This includes the following:
- Arrests that did not result in conviction.
- The applicants’ participation in a pre or post-trial diversion program.
- Dismissed, expunged, or sealed convictions.
Obviously, the process has many moving parts. That’s why employees are encouraged to reach out to the team of experienced, understanding employment lawyers at Maison Law. They can help applicants understand their rights and how to approach any violation of the law.
What Can An Applicant Do If the Employer Violates the Law?
Officially, California’s “ban the box” law falls under the California Fair Employment and Housing Act (FEHA). This means that applicants and employees that have been denied a job because of their criminal history can bring a discrimination claim for damages in civil court.
Damages for ban the box violations usually include the following:
- Emotional distress
- Mental anguish
- Lost wages or back pay
- Legal fees and court costs
Additionally, employers found to have violated the law could face a $25,000 fine.
Every lawsuit is a gamble, but Maison Law’s team of experienced attorneys will be able to discuss the facts of the case and help determine what damages employees may be entitled to receive.
Contact a California Employment Lawyer
Attorney Martin Gasparian and his firm, Maison Law, believes wholeheartedly in standing up for what is right and fighting for those in vulnerable positions. This includes job applicants with a criminal history. Employers should never treat anyone unfairly, especially hard working applicants that are simply trying to restore some normalcy to their life. These individuals have already paid their debt to society, and should not be further punished because of it. If this has happened to you, contact Maison Law today to schedule a free consultation.
