Don’t let a criminal history prevent you from achieving your career goals.
Through the “Fair Chance Act,” California has taken significant strides to provide employment opportunities for individuals with criminal records. This landmark legislation aims to reduce barriers to employment for individuals with conviction histories and promote rehabilitation. Matern Law Group, a leading plaintiff-side employment law firm, is committed to helping individuals understand their rights under the Fair Chance Act.
What is the Fair Chance Act?
The Fair Chance Act, also known as a “Ban the Box” law, generally prohibits employers with five or more employees from asking a job candidate about their criminal history before making a job offer. This allows individuals with criminal records a fair chance to compete for jobs based on their qualifications and skills – not just their past convictions.
When can employers ask about your criminal history?
Employers can only ask if you have any history of convictions after extending a conditional job offer. This means that employers cannot ask about your criminal history on a job application or during the initial interview process.
After a job conditional offer has been made, an employer can inquire about the candidate’s prior history of convictions, however, employers must:
- Conduct an individualized assessment: This means that the employer cannot take back the job offer without considering the nature and gravity of the offense, the time elapsed since the conviction, and the nature of the job being sought; and
- Provide written notice: If the employer decides to rescind the job offer based on your criminal history, they must provide written notice explaining their decision and the specific reasons for it, provide a copy of any conviction report they relied on, and give you at least five business days to respond.
At any point, it is generally unlawful for the employer to ask about arrests that did not result in a conviction; convictions that have been sealed, dismissed or expunged; or referrals to or participation in a pretrial or posttrial diversion program.
What if an employer discriminates against you based on your criminal history?
If you believe you have been denied employment because of your criminal record, you may have a legal claim. Matern Law Group can help you understand your rights and determine if you have a case.
Additional protections for California workers
While the Fair Chance Act is a significant step forward for individuals with prior convictions, it’s important to note that additional protections exist for individuals who are being discriminated against in the workplace. California’s Fair Employment and Housing Act (FEHA) prohibits discrimination based on numerous factors, including race, color, religion, sex, sexual orientation, gender identity, national origin, disability, and age. If an employer’s decision to deny employment based on criminal history disproportionately impacts individuals of a protected class, it could constitute illegal discrimination under the FEHA, as well.
How Matern Law Group can help
At Matern Law Group, we understand the challenges faced by individuals with criminal records when seeking employment. We are dedicated to protecting your rights under the Fair Chance Act and other relevant laws. Our experienced employment attorneys can:
- Evaluate your case to determine if you have a claim;
- Represent you in negotiations with your employer;
- File a lawsuit, if necessary, to seek damages and injunctive relief.
If you believe you may have been discriminated against based on your criminal history, don’t hesitate to contact Matern Law Group for a free consultation. We are here to help you navigate the complex legal landscape and fight for your rights.
