Employers in California are allowed to conduct background checks on existing employees and job applicants, but there are laws that regulate when and how to do so. The Fair Opportunity Act requires employers to make an individualized evaluation of the nature and seriousness of the criminal record, the time elapsed since the conviction, and the nature of the position occupied or sought. Employers must also provide applicants with a copy of the conviction history report and give them at least five business days to respond before making a final decision. Additionally, employers must keep all employment background checks for a minimum of two years.
When conducting a background check, employers should be aware of their responsibilities under California law. They must provide applicants with a summary of their rights to view and copy any report about them, and they must also notify applicants of any way in which they can challenge the employer's decision within the company. Employers should also be aware that they cannot refuse to accept additional evidence provided voluntarily by an applicant at any stage of the hiring process. If employers decide to conduct a background check, they can ask iprospectcheck for a pre-employment background check that includes the personalized information they need. It is important to note that without a date of birth, it is harder for background check providers to verify that a criminal record belongs to the right person.
Additionally, if a national criminal background check yields a possible record, searching county records can take several days, especially in California. Employers should also be aware that there are separate rights under the federal background check law for applicants. People with claims under the Fair Opportunity Act can file a complaint for the department to investigate, or they can get immediate notice of the right to sue. Additionally, employers have no legal obligation to verify the criminal history of applicants or current employees unless they decide to do so. In conclusion, employers in California are allowed to conduct background checks on existing employees and job applicants, but there are laws that regulate when and how to do so. Employers should be aware of their responsibilities under California law and should familiarize themselves with these standards in order to comply with them.
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