New Regulations Limit Employers' Ability To Use Criminal History In Making Employment Decisions

New regulations from the California Fair Employment and Housing Council that will go into effect July 1 will limit an employer's ability to consider the criminal history of a job applicant or employee when making employment decisions.

Key changes include adverse impact on protected classes, notice prior to adverse employment action and marijuana possession convictions. The regulations are part of a larger trend in California to restrict the use of criminal history records in making employment decisions.