Hiring and Background Checks

With holiday hiring in full swing, it’s a good time to review what should and should not be asked on employment applications.

What Not to Ask

Any questions designed to elicit information about an employee’s protected characteristics or status should be avoided. Exceptions exist for bona fide occupational qualifications.  A BFOQ is a work requirement

The California Supreme Court will decide if the California Investigative Consumer Reporting Agencies Act (ICRAA) is unconstitutionally vague. In Connor v. First Student Inc., the Court of Appeal rejected an employer’s argument that the ICRAA was unconstitutional because the employer could not ascertain whether it was required to comply with it or the California Consumer Credit Reporting Agencies Act. The former governs background checks obtained from third party agencies concerning information pertaining to a consumer’s character, personal characteristics, general reputation or mode of living.  The second applies to reports containing information regarding a consumer’s credit worthiness, credit capacity or credit standing. Both Acts, however, refer to identical categories of information (for example, criminal histories, civil judgments and bankruptcies) when imposing limits on information that can be disclosed. 
Continue Reading California Supreme Court to Decide if California Investigative Consumer Reporting Agencies Act is “Unconstitutionally Vague”

If a background check includes information about a job applicant’s character, California’s background check law applies, the California Court of Appeal has held, rejecting an employer’s challenge to the California Investigative Consumer Reporting Agencies Act (Cal. Civ. Code § 1786 et seq.) (“ICRAA”). Connor v. First Student, Inc., No. B256075 (Cal. Ct. App. Aug. 12, 2015).
Continue Reading Constitutional Challenge to California’s Background Check Law Rejected

1335488_24491270It may be time to review your company’s employment application and hiring process. The common “Have You Ever Been Convicted of a Felony?” question on employment applications will soon be a thing of the past for many California state and local agencies and private sector employers hiring or recruiting applicants to work within the City and County of San Francisco.

Effective July 1, 2014, state and local government agencies will no longer be permitted to ask a job applicant to disclose, in writing or verbally, if they have been convicted of a crime.
Continue Reading New Ban the Box Restrictions Effective in San Francisco July 1, 2014 and August 13, 2014

Originally posted by SmartRecruiters Blog, the leading source for how to hire on the web. To view the original post, please click here.

So you’re a startup. You’ve decided to take your world-changing idea and move it out of your dorm room/garage/favorite-table-at-Starbucks and start a legitimate business. So what next?

If you plan on

Labor Code section 432.7 prohibits employers from considering, or asking applicants about, information concerning: (1) arrests or detentions not leading to conviction or (2) referral to, or participation in, a pretrial or post-trial diversion programs.  Newly passed SB 530 adds to these restrictions, amending section 432.7 to prohibit employers from asking job applicants about criminal