Evaluating candidates with known criminal records under California’s Fair Chance Act (CFCA) continues to pose challenges for employers. The CFCA limits how and when covered employers can consider criminal history information in hiring decisions.
Recently, the California Civil Rights Department (CRD) — which enforces the CFCA — has taken an increasingly strict stance on compliance. In addition, the California Civil Labor Board has taken a negative stance on the use of adjudication scoring or matrix systems in the hiring process. Employers using automated “grading” or “scoring” tools with their background screening provider should review and, if necessary, adjust those practices to align with California’s individualized assessment requirements. As a result, employers are seeing a rise in administrative charges and lawsuits tied to alleged CFCA violations.
How Employers Can Strengthen CFCA Compliance
To reduce risk and maintain compliance, employers that use criminal records in hiring should consider:
- Conducting a privileged review of internal policies, procedures, and documents related to screening processes (such as job applications, offer letters, recruiter guidelines, pre-adverse action notices, and criminal record screening standards).
- Providing training for all personnel involved in interviewing, screening, and selecting candidates.
- Reviewing workflows with HR and legal teams to confirm that all background check and adverse action processes align with CFCA requirements.
With CRD enforcement activity increasing, proactive review and training can help minimize exposure and support fair, compliant hiring decisions
Learn more about stricter enforcement HERE.
For more information about the CFCA visit learn more HERE.
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