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AB-2680 Employment: applicants: criminal conviction history consent form.(2017-2018)

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Date Published: 02/15/2018 09:00 PM
AB2680:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2680


Introduced by Assembly Member Jones-Sawyer

February 15, 2018


An act to add Section 432.9 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2680, as introduced, Jones-Sawyer. Employment: applicants: criminal conviction history consent form.
Existing law governs contracts and applications for employment and makes a violation of these provisions punishable as a misdemeanor.
Existing law, the Fair Employment and Housing Act, prohibits an employer, as defined, to include on any application for employment any question that seeks the disclosure of an applicant’s conviction history, to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer, and, when conducting a conviction history background check, to consider, distribute, or disseminate information related to specified prior arrests, diversions, and convictions.
This bill would, under those laws relating to contract and applications for employment, require the Department of Justice to adopt a standard form for use by an employer, whether public or private, seeking the consent of an applicant for employment to conduct a conviction history background check on that applicant by the department, as specified. The bill would also require an employer to use that document when seeking the consent of an applicant for employment to conduct a conviction history background check by the department. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 432.9 is added to the Labor Code, to read:

432.9.
 (a) (1) The Department of Justice shall create a standard form for use by an employer seeking the consent of an applicant to conduct a conviction history background check on that applicant by the Department of Justice.
(2) The Department of Justice shall ensure that the form complies with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et. seq.).
(b) An employer shall be required to use the form created by the Department of Justice under subdivision (a) when seeking the consent of an applicant to request a conviction history background check on that applicant from the Department of Justice.
(c) This section shall apply to a private or public employer.
(d) Section 433 shall not apply to this section.