The California Fair Employment and Housing Council (FEHC) has finalized new regulations on employer consideration of criminal history, largely adopting the guidance set forth by the Equal Employment Opportunity Commission (EEOC). The regulations include expanding the types of criminal history employers many consider; requiring notice to the applicant/employee of a disqualifying conviction and providing a reasonable opportunity to present evidence of factual inaccuracy; and prohibiting consideration of criminal history when doing so will result in an adverse impact on individuals within a protected class. Employers in the state should review their policies on use of criminal history in hiring and modify any practices to ensure compliance with the FEHC regulation.

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