Employment Law Commentary, March 2016

THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING COUNCIL ISSUES PROPOSED REGULATIONS TO LIMIT CONSIDERATION OF CRIMINAL HISTORY IN EMPLOYMENT DECISIONS

By Lucía X. Roibal

Employers take great measures to avoid hiring dangerous employees—not just to avoid legal liability but, more importantly, to ensure the safety of their employees. One way to achieve this is through the use of application forms, which often ask an applicant whether he or she has been convicted of a crime. Employers also conduct criminal background checks prior to hiring new employees and sometimes before promoting or terminating a current employee. But the use of criminal history in employment decisions comes with its own legal risks, including various federal, state, and local laws that dictate that employers around the country may not freely use this criminal history when making employment decisions. On February 19, 2016, the California Fair Employment and Housing Council (CFEHC) proposed new