April 18, 2023

The California legislature introduced Senate Bill 809 earlier this year. This bill, also called the Fair Chance Act of 2023, would replace the current restrictions on consumer reports for hiring. It would also prohibit using background checks for most hiring decisions. For those with a criminal history, it could be a good idea to keep an eye on this legislation as it could affect the hiring process if it passes.

According to the Fair Chance Act of 2023, the existing laws do not adequately prevent discrimination against individuals with past incarcerations. It also claimed that the regulations did not hold violators accountable. Because of these issues, the bill states that people with past incarcerations have worse employment prospects, working conditions, and earning potential. The section also commented on how the bill should help address these problems, making it easier for the affected to get jobs.

Section 2 would amend the California Investigative Consumer Reporting Agencies Act to require more transparency. For example, it would change how employers could use criminal history when making hiring decisions. In such cases, the section would require them to provide a disclosure to the applicant explaining the following:

• The specific job duties for the position for which a criminal conviction could have a direct and adverse relationship that may result in an adverse employment action. 
• All applicable laws and regulations that would prevent employment in the position based on a conviction.

This information could help you determine whether an employer discriminated against you based on your criminal history.

Sections 3 and 4 would repeal the current Fair Chance Act to enact the Fair Chance Act of 2023, strengthening the protections beyond those in the Fair Chance Act. For example, some protections prevent employers from doing the following:

• Placing an advertisement for a job that states any limits or specifications concerning a conviction history, 
• Inquiring about an applicant’s conviction history, directly or indirectly, regardless of whether they apply for a job or promotion, 
• Ending an interview or application process for hiring or promoting an individual due to their criminal history, or
• Requiring an individual to self-disclose a criminal history, either at the time of a conditional offer of employment, promotion, or any time after the offer

Individuals with criminal backgrounds would find it beneficial to look into these protections and the other benefits of the Fair Chance Act of 2023. In addition, should you apply for a job that requires the employer to conduct a background check, you must understand that they may follow through with this requirement. However, employers may take this step after giving you a conditional employment offer.

For now, the bill has yet to become law. Regardless, anyone with a criminal background would find it worth keeping an eye on it. This bill’s passing law could affect your chances of finding a job or getting a promotion. However, you should consider running a self-background check even if it passes. A self-check would ensure accurate reports and inform you if a potential employer considered any records they should have avoided.

Discover more about our reliable and secure self-background checks by clicking here. Get started today.

Source