- Covers employers with 15 or more employees.
- Regulates the timing of inquiring about or considering criminal history.
- Requires a final adverse action notice that advises of the basis for the decision.
Who does this effect?
- State law applies to employers with 15 or more employees in the current or preceding year (no geographic limitation).
What does the law provide?
- Criminal history information can be sought after the applicant has been deemed qualified for the position and notified that he or she has been selected for an interview. Otherwise, after a conditional offer of employment has been made.
- The state’s Human Rights Act has additional requirements, including a mandate that employers conduct a job-related individualized assessment and provide notices both before and after the adverse action is taken (the latter must advise the applicant of the right to file a complaint with the state agency tasked with enforcing the law).
Are there any notice requirements?
An adverse action notice must inform the individual of the basis for the decision at the time of the adverse decision. The state’s Human Rights Act also mandates more specific notices both before and adverse the adverse action is taken. Employers should consult with counsel to learn more about specific requirements under the state’s Human Rights Act.
Are there any exceptions
The law exempts certain positions from coverage, such as where, among others: a federal or state law excludes applicants with certain convictions from working in the position; or the position requires a standard fidelity bond or an equivalent bond and a conviction of one or more specified criminal offenses would preclude the applicant from obtaining the bond. Employers should consult with their to see if they are otherwise exempt from the law.