Special thanks to Lothar Determann, Helena Engfeldt, Jonathan Tam, Andrea Tovar, and Vivian Tse.
2022 is looking to be an unprecedented year for California companies’ privacy law obligations. The California Privacy Rights Act (CPRA) takes effect on January 1, 2023 with a twelve-month look-back that also applies to the personal
Last month the California Supreme Court ruled in favor of a class of 1,400 student bus drivers who sued their employer for failing to comply with state background check laws. The Court’s decision is notable because it is part of a broader trend of states and cities making it more difficult for employers to use background checks. Under Connor v. First Student, Inc., employers in California must comply with overlapping statutes regulating investigative consumer reporting agencies.
Do your job applications ask applicants about their criminal history? If so, you could be violating various state laws that prevent employers from inquiring into applicants’ criminal history at the initial stages of the hiring process.
These laws, commonly referred to as “ban-the-box” laws, have recently seen a rapid increase in support across the United States. The increase is largely attributable to the grassroots efforts of numerous organizations that aim to remove hiring barriers for individuals with criminal records. Employers who are caught unaware, or do not comply with these laws, risk exposure to fines and penalties, and being a target for individual and class-action lawsuits.
Continue Reading Asking Applicants About Criminal History—What You Need to Know
