EmploymentQuestion 1051 of 1605

Under California's Fair Chance Act ('ban the box'), an employer with five or more employees generally may NOT:

a.Hire anyone with a criminal record
b.Ever conduct a background check
c.Ask about an applicant's criminal conviction history before making a conditional job offer
d.Verify a candidate's licensing status

Explanation

The Fair Chance Act (Gov. Code §12952) prohibits covered employers from asking about or considering conviction history until after a conditional offer of employment is made. If the employer then wants to rescind based on a conviction, it must do an individualized assessment and follow a notice-and-response process.

Law Reference: Gov. Code §12952 (ban-the-box)

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