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California: Employers Can’t Ask about Criminal Background or Salary History

<p class&equals;"MsoNormal" style&equals;"text-align&colon; left&semi;" align&equals;"center">California Gov&period; Jerry Brown signed another controversial law this month that dictates how much information an employer can receive before hiring a new employee&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">The California Fair Chance Act&nbsp&semi;prohibits employers with at least five or more employees from asking for a potential employee&rsquo&semi;s criminal background check until they have received an official job offer&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">The law also requires an employer &ldquo&semi;make an individualized assessment of whether the applicant&rsquo&semi;s conviction history has a direct and adverse relationship with the specific duties of the job&period;&rdquo&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Another piece of legislation in the act passed states that employers are not able to access an applicant&rsquo&semi;s salary history&period; &nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Similar legislation laws have passed in 9 other states&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">The law &ldquo&semi;is one of the strongest fair-chance laws in the nation and certainly the one that benefits the most people&comma;&rdquo&semi; according to Beth Avery&comma; staff attorney with the National Employment Law Project&period;&nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">The law has been put in place to protect the 8 million California residents with criminal records and to help make sure they don&rsquo&semi;t receive unfair prejudice during their job search &nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">&ldquo&semi;Given that California is home to approximately 1 in 10 of the 70 million people with records in this country&comma; we expect the new law will directly benefit millions of Californians&comma; while also influencing the hiring practices of major employers across the country&comma;&rdquo&semi; said Avery&period; &nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Dorsey Nunn&comma; executive director of Legal Services for Prisoners with Children and co-founder of All of Us or None&comma; also applauded the new law&period; &nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">&ldquo&semi;The signing of the Fair Chance Act marks the latest step in the &lsquo&semi;ban the box&rsquo&semi; campaign that All of Us or None began in 2003&comma; and I thank everyone who has worked so diligently over the last 14 years to help formerly incarcerated and convicted people gain access to meaningful employment&comma;&rdquo&semi; said&nbsp&semi;Nunn&period; &ldquo&semi;Our persistence and dedication expose the false narrative that people directly impacted by the criminal justice system are lazy or unskilled&mdash&semi;we have shown up time and time again to actively participate in the civic process to improve the lives of our families and communities&comma; creating leaders at every step&period;&rdquo&semi;&nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">On the other hand&comma; the two new pieces of legislation&comma; which will go into effect on January 1&comma; cause employers to lose tremendous power when it comes to the type of employees they hire&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal"><strong>Author&rsquo&semi;s note&colon;<&sol;strong> From a business owner&rsquo&semi;s standpoint&comma; would you want to hire an accountant without knowing if they did not have a history of money laundering or fraud&quest; What if you were running an electronics warehouse&quest; Wouldn&rsquo&semi;t you want to know if they had committed theft before&quest;&nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Larger employers will find out some of this information&comma; so it&rsquo&semi;s the smaller employers that will be at a disadvantage&period;&nbsp&semi;Salary history is something employers use in salary negotiation&period; It&rsquo&semi;s a key piece of information&period; This information often helps to reveal an employee&rsquo&semi;s past performance at a position&period; Most employers want to know as much as they can about an employee before they hire them&period;&nbsp&semi;After all&comma; it&rsquo&semi;s the business owners that are the ones taking the risk when hiring a new employee&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal"><strong>Editor&&num;8217&semi;s note&colon;<&sol;strong> California lawmakers just don&&num;8217&semi;t have a clue&period; They apparently believe that all employees are interchangeable&comma; and the bad things in their past will never happen again&period;&nbsp&semi; Previous salary not relevant&quest;&nbsp&semi; For sales professionals&comma; that is their ONLY qualification&period; Hiring an employee&comma; especially in a small company is a bit like marrying someone you don&&num;8217&semi;t know&period; Wouldn&&num;8217&semi;t you rather know ahead of time you are not compatible rather than have to go through an expensive divorce later&quest;<&sol;p>&NewLine;<p class&equals;"MsoNormal">A few other examples perhaps&period; If you are a childcare center wouldn&&num;8217&semi;t you like to know if your potential employee&nbsp&semi;was accused of pedophilia&quest; If you are charity&comma; would you hire an embezzler&quest; If you are hiring a C-level&nbsp&semi;director of your company would you want to hire someone whose best salary was only &dollar;30K&quest; Would you want someone convicted of taking bribes as a police officer or parole officer&quest;&nbsp&semi;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;

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