Ban the Box… Impact on Background Screening for California Employers



Ban the Box… Impact on Background Screening for California Employers

Welcome to Background Checks Demystified. On this show I want to dispel the myths about background screening and provide you with information you can use to screen applicants quickly while maintain compliance.

Today I am talking about Ban the Box or AB 1008 which is the California law that went into effect on January 1, 2018. I want to provide some background on the new law and some best practices. I always suggest that you talk with an HR professional or employment law attorney about these complicated laws before making any changes.

First I want to be sure that I say that the Ban the Box law does not ban the use of background checks. What it does do is ban the employer from asking the applicant about any criminal history prior to a conditional offer of employment.

First off you want to be sure that you are making conditional offers of employment that are contingent upon completion of the background check.

Next you want to be sure that you evaluate your current authorization forms and make sure that they are standalone documents that are compliant with the current FCRA and state requirements.

What’s new?

3 Considerations

Gravity of the Offense
Time Elapsed Since the Charge/Conviction
Nature of the Job

You must conduct an independent assessment while considering these three (3) factors before you take any pre-adverse or adverse action.

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I am passionate about Risk Mitigation. I want educate business owners on what they can do to mitigate risk in their businesses and how protect themselves from those in their inner circle.

I will also be providing some strategic advice on how to be prepared for, investigate and deal more effectively with litigation and workers comp claims if and when they arise.

And now a little bit of background on me. I have been an investigative consultant to businesses and legal counsel for over 15 years. I am a license private investigator in the state of California and have testified as an expert in case involving Workers Comp, Counterfeiting and a variety of other civil cases. I own and operate my own Investigative Consulting business here in California and I enjoy speaking to businesses and law firms about current trends in litigation, technology and investigative strategy.

I believe that businesses must implement certain strategies to mitigate exposure to Embezzlement, Fraud, Workers Comp Claims, Trade Secrets theft and many other employment related claims. In today’s litigious environment you cannot eliminate law suits, but you can implement practices to reduce overall exposure.

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3 thoughts on “Ban the Box… Impact on Background Screening for California Employers”

  1. Santoni Investigations says:

    The ban the box law that impacts background screening for California employers is new and a bit complicate. If you have any questions please let me know. Thanks!

  2. Nick Thomas says:

    Seems like a good and fair new law.  I hope the rest of the country does the same.

  3. Carmen U says:

    I applied for a job a few weeks on EdJoin.org (a website for jobs in education in California)and it asked for criminal history. Are they exempt from the ban the box?

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