Data Facts Background Screening Blog

Jennifer Mora

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California Lawmakers Introduce Statewide Ban the Box Law

Posted by Jennifer Mora

Mar 28, 2017 9:12:27 AM

This information was originally posted on SHRM.org by Jennifer Mora

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge.

In the last six months alone, we have reported on a variety of new laws that apply to a California employer that uses criminal records as a background check in pre-hire and other employment decisions. 

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Topics: Background screening, background check, Ban the Box, Employer use of criminal records

California Employers Subject to New Requirements When Using Criminal History Information

Posted by Jennifer Mora

Mar 2, 2017 1:31:11 PM

Educating our clients on important industry changes and regulations that affect their businesses is one of Data Facts' top goals.

California employers, and companies with branches or divisions in California, should familiarize themselves with the following information. 

*Originally posted on Littler.com by Jennifer Mora. 

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” (2012 Guidance).  The 2012 EEOC Guidance does not prohibit employers from using criminal records, but outlines best practices that the EEOC advises employers to follow, including a recommendation that employers, among other things: (1) remove from employment applications the question that asks job applicants to self-disclose their criminal record; (2) not make an employment decision based solely on the fact of an arrest record; and (3) conduct an “individualized assessment” before rejecting an applicant or terminating an employee because of a conviction. 

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Topics: Criminal records, background check, EEOC, background screening practices

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~~Susan McCullah is the Marketing Project Manager/ Background Screening Division for Data Facts, Inc, a 25 year old Memphis based company. Data Facts Inc -an NAPBS accredited company- is a leading provider of employment screening solutions. Check out our website for a complete explanation of our services.