California’s Fair Employment and Housing Council (FEHC) has finalized new regulations further limiting an employer’s ability to consider criminal history when making employment decisions. The regulations will take effect in July and follow the Equal Employment Opportunity Commission’s (EEOC)’s 2012 Enforcement Guidance. The “Ban the Box” ordinances further restrict employers’ use of criminal records when making employment decisions. The regulations expand the list of types of criminal history to include non-felony conviction for possession of marijuana if more than two years past, as well details regarding an employer’s obligations regarding a refusal to hire based on criminal history.

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