Effective January 1, 2018, California will be the next jurisdiction to implement statewide “ban the box” legislation.  On October 14, 2017, Governor Jerry Brown signed into law Assembly Bill 1008, which prohibits pre-offer inquiries regarding applicants’ conviction histories and regulates employers in their decisions to deny employment to an applicant based on his/her conviction history. 

California may be the next jurisdiction to implement statewide “ban the box” legislation. Assembly Bill 1008 made its way from the Assembly through the Senate, and now awaits action from Governor Jerry Brown.

Prohibition Against Pre-Offer Inquiries Regarding Applicants’ Conviction History

The bill would make it unlawful under California’s Fair Employment and Housing Act (“FEHA”)

Both California and the City of Los Angeles have enacted regulations effective July 1, 2017 governing employer use of applicant and employee criminal history in making employment decisions. Below we summarize these upcoming changes as well as the City of San Francisco’s ordinance already in effect.

New California Regulations

The California Fair Employment and Housing