California Fair-Chance Act

The California Department of Fair Employment and Housing (DFEH) are taking a carrot and stick to the issue of the California Fair Chance Act. The DFEH is encouraging individuals to file complaints with the department and report advertising or processes in violation with this Act. The DFEH is offering a Fair Chance Act toolkit of resources and interactive training to help employers develop practices to comply with the Act. The toolkit includes:

  • Sample forms that employers can use to follow the Fair Chance Act’s required procedures;
  • A guide to using DFEH’s sample forms;
  • A suggested statement that employers can add to job advertisements and applications to let applicants know that the employer will consider individuals with criminal histories;
  • Answers to frequently asked questions (FAQs) about the Fair Chance Act; and
  • An informational video that explains the Fair Chance Act.

Thirty-six states and more than 150 counties and cities have “Ban the Box” laws in place. In reality, the Box is not actually banned; it is moved to another stage in the employment process. Employers should consider banning the box altogether at any stage and offer equal opportunities to individuals. If you are conducting a thorough criminal record research process, do you really need the Box?