Criminal History Regulations: CalChamber Seeks Rejection

criminal history regulations rejection background
Legislation introduced on February 16 further emphasizes the FEHC’s lack of statutory authority, the CalChamber points out.

The California Chamber of Commerce is asking the state Office of Administrative Law (OAL) to reject proposed regulations that create confusion regarding when employers may consider criminal history in making employment decisions and which could lead to litigation.

The CalChamber does not believe the Fair Employment and Housing Council (FEHC) has authority under the law to adopt the proposed regulations.

The CalChamber points out that the regulations essentially preclude employers from having policies that uniformly exclude applicants with certain criminal convictions unless that employer can establish that it assessed each applicant individually and determined whether that applicant posed an unacceptable risk.

The OAL has 30 days to review and disapprove or approve of the pending regulations. The OAL has until March 27 to take action.

For more information, visit CalChamber’s Top Story.

Staff Contact: Jennifer Barrera

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