- Employers must wait until after an interview to inquire about criminal history.
- Employers must conduct a job-related analysis when considering criminal history.
- The law mandates a specific notice process.
Who does this effect?
Applies to employers with 25 or more full-time “persons” in the County.
What does the law provide?
- Criminal history information can be sought after an interview.
- Employers also must conduct an individualized assessment, which requires consideration of: specific offenses that demonstrate unfitness to perform the duties of the position; the time elapsed since the offenses, and any evidence of inaccuracy in the record.
- The law contains specific notice requirements when action is taken based on an applicant’s criminal history.
Are there any notice requirements?
Where the adverse decision is based on criminal history information, regardless of the source:
- a pre-adverse action notice must include the criminal history report, notify the individual of the intention to rescind the offer of employment and specify the basis for the intention to rescind the offer; and
- an adverse action notice must inform the individual in writing of the rescission of the conditional offer.
The employer must delay rescinding the offer of employment for seven days to permit the applicant to notify the employer that the information on which it intends to rely is inaccurate.
Are there any exceptions
Exempts inquiries that are expressly authorized by an applicable federal, State, or County law or regulation. Employers should consult with their to see if they are otherwise exempt from the law.