Effective October 1st, New California Regulations for Background Checks
- Firm Foundation
- Sep 28, 2023
- 1 min read
In the past, the Fair Chance Act (FCA) primarily affected job applicants and current employees. However, the definition of “applicant” has been expanded to include employees undergoing background checks due to changed in ownership, management, or policies.
The term “employer” now covers not only direct employers but also entities such a staffing agencies and organizations that source workers from lists.
Employers are no longer allowed to include statements in job materials indicating that individuals with criminal histories won’t be considered. Even if an applicant voluntarily reveals their criminal history, the FCA still prohibits employers from taking it into account.
We hope this information has been helpful. As always, reach out to us if you need more assistance with this or anything else. Contact us at 949.900.6977 or1.833.FIRMHRO and [email protected]
California’s expanded Fair Chance Act regulations now include employees in background checks and extend employer definitions to staffing agencies, tightening restrictions on how criminal history is considered. Employers must update hiring materials to comply and avoid unlawful exclusions. For detailed guidance on California background check compliance, visit https://rapidhiresolutions.com/california-fcra-guidelines-recruiters/