Hiring Discrimination Lawyer

California passed a law to protect people who have had a history of crime from being automatically rejected from employment. This law is contained in California Government Code Section 12952. It protects any inquiry or demand for disclosure of a criminal history pre-offer. That means you cannot be asked about it on an initial application. If an offer is made, an employer, post offer, may ask if you've been convicted of a crime. You don't have to reveal anything that is arrest without a conviction, any dismissed items, or an expunged record. If an employer makes a preliminary decision not to hire someone, they have to notify them in writing and to inform the applicant of the reason for this disqualifying conviction. Additionally, the employer needs to notify the applicant for the basis of the preliminary decision and provide a copy of the conviction history, including any type of consumer report that would show a criminal background. A preliminary decision not to hire because of a criminal conviction also requires the employer to provide an explanation that if the applicant chooses to respond, they may do so in writing. The employee has five days to challenge the decision or to provide additional information. If the applicant is out of state, they can have up to 10 days, and if they're outside the country, 20 days. If the employer decides provides to make the preliminary decision final, the employer has to notify the applicant in writing. That notice needs to include the final decision reached. It may or may not include a justification or explanation of the employer's reasoning for reaching a decision. An employer who has made the decision not to hire must provide the applicant with knowledge as to any process that exists for the employee to challenge or to request reconsideration. If an applicant feels they've been wrongfully treated, they can make a report to the Civil Rights Department of the Labor Department. An employer who violates the law may be liable for damages, including lost wages as well as non-economic damages and attorney's fees. Just because somebody has a criminal record doesn't mean that they can't work. If you've encountered a problem of this type, contact us at dolanlawfirm.com.