California Statewide Ban-the-box Law Approved by Legislature

• Publication year: 2017
• Author: Rod M. Fliegel and Allen P. Lohse

California Statewide Ban-the-Box Law Approved by Legislature1

Rod M. Fliegel and Allen P. Lohse

Rod M. Fliegel has broad subject matter experience and significant expertise in class action defense and the intersection of the federal and state background check laws, such as Title VII and the Fair Credit Reporting Act and their state law equivalents. He also has extensive experience defending employers in state, federal, and administrative litigation, including matters with the Equal Employment Opportunity Commission, the Federal Trade Commission, and the New York Office of the Attorney General.

Allen P. Lohse's practice focuses on complex commercial litigation, with an emphasis on class actions. He concentrates on representing employers being sued for violating the Fair Credit Reporting Act (FCRA) and various state and local laws that impose limitations on employers' ability to screen their job applicants. Allen litigates before California state and federal courts, and has represented clients in various industries. He also has an extensive background in other claims implicating privacy rights.

In February 2017, five California assembly members introduced Assembly Bill 1008, which proposes to add a section to the California Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an employer's ability to make pre-hire and personnel decisions based on an individual's criminal history, including a significant and far reaching "ban-the-box" component. The bill has passed both houses and will now be forwarded to Governor Jerry Brown (D). While the governor has until October 15, 2017 to sign, veto, or otherwise not act upon all bills that passed both houses as of September 15, he is expected to sign AB 1008.²

The proposed bill continues the recent flurry of criminal background legislation activity in California, including new statewide regulations on the consideration of criminal records in employment decisions and the City of Los Angeles's recent ban-the-box law, which also mandates an individualized assessment of an applicant's criminal history prior to any employment decision based on a criminal record.³

AB 1008 has now passed both houses and is ready to be presented to Governor Brown, who is expected to sign the bill. Existing law prohibits state and local agencies from asking an applicant to disclose conviction information until the applicant is determined qualified for the position. AB 1008 would extend this prohibition to all employers...