Bill Text: CA SB1345 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Employment discrimination: criminal history information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-16 - Set for hearing April 24 in L., P.E. & R. pending receipt. [SB1345 Detail]

Download: California-2023-SB1345-Introduced.html


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1345


Introduced by Senator Smallwood-Cuevas

February 16, 2024


An act to add Section 12952.5 to the Government Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 1345, as introduced, Smallwood-Cuevas. Employment discrimination: criminal history information.
Existing law, the California Fair Employment and Housing Act, prohibits various forms of employment discrimination and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. Existing law makes it unlawful for an employer with five or more employees to, among other things, include on any application for employment, before the employer makes a conditional offer of employment to the applicant, any question that seeks the disclosure of an applicant’s conviction history, except as provided.
This bill would make it an unlawful employment practice for an employer to take an adverse action against an applicant based solely or in part on criminal history information, unless the employer can demonstrate that the applicant’s criminal history has a direct and adverse relationship with one or more specific duties of the job and the employer’s business necessity requires the adverse action. The bill would also make it an unlawful employment practice for an employer to require, as a condition of employment, that an applicant waive the applicant’s right to privacy in criminal history information or otherwise provide an authorization for the employer to obtain the applicant’s criminal history information under specified law, unless the employer can demonstrate a business necessity. The bill would define various terms for these purposes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12952.5 is added to the Government Code, to read:

12952.5.
 (a) For purposes of this section, the following definitions apply:
(1) “Adverse action” means an employment action adverse to the interests of the applicant, including, but not limited to, withdrawal of a conditional offer of employment, denial of employment, termination, reduction in pay or benefits, loss of privileges, and transfer.
(2) “Applicant” means an individual applying for employment, considered for promotion, considered for transfer, considered for a change in job position, or otherwise evaluated for continued employment, including, but not limited to, all prospective, provisional, probationary, and current employees.
(3) “Business necessity” means the need of an employer to do either of the following:
(A) Comply with requirements or exclusions based on specific criminal conduct or a category of criminal offenses in any federal law, federal regulation, or state law.
(B) Protect against incidents of workplace harassment, workplace violence, or theft of business property when the employer has clear and convincing evidence that taking an adverse action based solely or in part on criminal history information is necessary to provide that protection and there is no reasonable alternative.
(4) “Criminal history information” means information regarding a prior arrest, charge, or conviction.
(5) “Employee” means an employee, unpaid intern or volunteer, independent contractor, or any other individual providing services pursuant to a contract.
(6) (A) “Employer” means either of the following:
(i) A person who employs five or more persons to perform services for a wage or salary.
(ii) The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
(B) “Employer” includes a direct or joint employer, an entity that evaluates the applicant’s criminal history information on behalf of an employer, a staffing agency, and an entity that selects, obtains, or is provided workers from a pool or availability list.
(b) It is an unlawful employment practice for an employer to take an adverse action against an applicant based solely or in part on criminal history information, unless the employer can demonstrate both of the following:
(1) The applicant’s criminal history has a direct and adverse relationship with one or more specific duties of the job.
(2) The employer’s business necessity requires the adverse action.
(c) It is an unlawful employment practice for an employer to require, as a condition of employment, that an applicant waive the applicant’s right to privacy in criminal history information or otherwise provide an authorization for the employer to obtain the applicant’s criminal history information under a state or federal consumer protection law, including, but not limited to, Section 1786.16 of the Civil Code or Section 1681b of Title 15 of the United States Code, unless the employer can demonstrate business necessity.

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