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.