California’s Ban the Box Law, officially known as the California Fair Chance Act, assists Californians with conviction histories with re-entry into society by prohibiting employers from asking about conviction history before making a job offer. The Ban the Box Law seeks to remove the stigma associated with previous convictions and give all applicants a fair chance at securing employment by making the unlawful consideration of conviction history an unlawful employment practice under the Fair Employment & Housing Act (“FEHA”).

California’s Ban the Box law applies statewide and covers employees and applicants whose employers or potential employers employ at least five people.  California’s Ban the Box law prohibits the following:

  • Bans the box on employment applicants by prohibiting employers from asking about an applicant’s conviction history;
  • Requires employers to abstain from inquiring into an applicant’s conviction history until after making a conditional employment offer;
  • Requires employers engage in an individualized assessment before deciding on a candidate for employment;
  • Gives applicants the right to request and review the background check conducted by the potential employer;
  • Permits applicant to respond to an employer’s rejection due to conviction history;
  • Requires the employer to consider the employee-appeal and provide a written response; and,
  • Makes the unlawful consideration of an applicant or employee’s conviction history an unlawful employment practice under the California Fair Employment & Housing Act (“FEHA”).

For more information on how California’s Ban the Box law works, click here.

Applicants and employees who suffered a Ban the Box violation have an actionable claim against their employer or potential employer for employment discrimination.  California employees and applicants whose ban the box rights were violated can obtain the following penalties & damages against the employer:

  • Actual damages for injuries or losses, including back pay and loss of future income;
  • Compensatory damages for pain, suffering, humiliation, and emotional distress;
  • Punitive damages; and,
  • Attorney fees and court costs.

If an employer recently denied your California Ban the Box law rights, contact Astanehe Law immediately a consultation.  You have rights, and Astanehe Law may be able to assist you.  Call us at (415) 226-7170 or email us at contact@astanehelaw.comto speak with an experienced employment attorney.

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