Compliance Alert: New Law Restricts California Employers from Questioning Juvenile Convictions on Job Applications

In the continued move among states to eliminate criminal background questions on job applications, California recently passed legislation that will affect the hiring process even further.

On September 27, 2016, California Governor Jerry Brown signed a law that prohibits employers from asking applicants about juvenile records, or using this information to make employment decisions. The amendment, which becomes effective January 1, 2017, expands the current law that already restricts criminal history inquiries as a condition of employment.

Because of this newest legislation, California employers must update their job applications to cover all restrictions to date — and to ensure that prospective employees are aware of their rights.

The job application is an essential part of a legally sound hiring process. Don’t cut corners!

Does Your State Ban the Box?

California is part of a growing list of states to “ban the box” — or prohibit the question, “Have you ever been convicted of a crime?” on the job application. Under such legislation, employers can’t ask about an applicant’s criminal record until the job interview — or, in some cases, after the applicant is qualified and a position is offered.

Today, this restriction applies to 24 states (and more than 100 cities). In some states, the law only affects public employers, while in others it pertains to both public and private employers.

These 15 states ban the box with public employers only:

• California
• Colorado
• Delaware
• Georgia
• Louisiana
• Maryland
• Missouri
• Nebraska
• New Mexico
• New York
• Ohio
• Oklahoma
• Tennessee
• Virginia
• Wisconsin

These nine states ban the box with public and private employers:

• Connecticut
• Hawaii
• Illinois
• Massachusetts
• Minnesota
• New Jersey
• Oregon
• Rhode Island
• Vermont
• Plus … District of Columbia

Be Sure You’re in Compliance

The job application is an essential part of a legally sound hiring process. Don’t cut corners! Rely on attorney-approved, state-specific applications from ComplyRight to be certain you’re complying with the latest mandatory legal disclosures and avoiding any illegal questions to applicants. Although generic applications may be available from other providers, they don’t capture the legally allowable information that ComplyRight applications do — a best practice recommended by our expert legal team.

To help California businesses comply with the newest mandatory state change, our ComplyRight State-Specific California Job Application now includes an attorney-approved statement regarding an applicant’s juvenile criminal history. With this application, employers in California can be confident they’re capturing detailed, relevant information about the applicant’s education, employment history and qualifications, while avoiding any legal missteps with the new legal hiring laws.