California Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in California and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does California Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

California has a ban-the-box law in effect, known as the Fair Chance Act: Criminal History and Employment. It went into effect in January of 2018, prohibiting most employers with 5+ employees from asking about conviction history prior to making a job offer. Generally, the following actions are prohibited:

• Considering or requesting information about a criminal history prior to making a conditional job offer
• Including questions about conviction history on a job application
• Considering information related to arrests not leading to conviction, underlying pending charges, or convictions that were later eradicated, sealed, or dismissed

After a conditional offer of employment has been made, an eligible employer may conduct a criminal history check. However, the law also requires that the employer must perform an individualized assessment about any conviction history. After that has been completed, if an employer chooses to rescind the offer, they must do so in writing with a copy of the report used to determine criminal history and provide at least five business days for the applicant to respond.

Some employers are exempt, including:

• Those with fewer than five employees
• Certain healthcare facilities
• Certain farm labor contractors
• Certain positions with state criminal justice agencies
• Those filling certain jobs where a criminal history may have an adverse impact (business necessity)

Do California Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The California Equal Pay Act matches the Federal Equal Pay Act, although instead of referencing “equal work,” the California EPA covers employees whose work is considered substantially similar.

Do California Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

California’s Fair Employment and Housing Act (FEHA) prohibits age discrimination, but it offers more widespread protections and includes a more extensive list of employers than the federal regulation.

Private employers with at least 5 employees must comply with the California FEHA, and the law covers all aspects of employment for those ages 40 and older. This law also permits employees to seek certain types of damages, including compensation for emotional distress and punitive damages.

Do California Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Discrimination based on disability is also covered in California’s FEHA, which has a wider scope than the ADA. It includes employers with 5+ employees and has a broad definition of disabilities, including various mental and physical conditions. State law also doesn’t require a disability to limit a major life activity so long as it limits the individual’s ability to perform such an activity.

FEHA also has an explicit requirement for employers to engage in good-faith interactions with an eligible employee (or potential new hire) to determine appropriate accommodations in a timely manner.

Do California Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

California has its own law, the California Genetic Information Nondiscrimination Act (CalGINA), that went into effect in 2012. It amended the California FEHA and its anti-discrimination laws that were already in effect, offering broader protections than those included in the federal law. The key change to the law included adding genetic information as a prohibited basis for discrimination in hiring (and other situations).

Another key difference is that individuals covered by CalGINA may seek more substantial remedies. There is no limit to the monetary damages that may be sought by an impacted individual, where the federal law caps it between $50,000 and $300,000, depending on employer size.

Do California Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

California’s FEHA shares some similarities with Title VII of the Civil Rights Act of 1964, although it has more widespread protections and broader remedies. Additional protective characteristics are outlined in FHEA, including:

• Gender identity
• Criminal background
• Medical conditions
• Age
• Ancestry
• Marital status

Additionally, most employers with 5+ employees in California must adhere to the law, while the federal regulation applies to employers with 15 or more employees.

Are There Different Fair Hiring Laws in Cities or Municipalities Across California?

Some cities and counties in California have enacted laws related to fair hiring practices. For example, employers with 5+ employees operating in unincorporated parts of San Diego County must comply with the county’s Fair Chance Ordinance. This law piggybacks on the regulation outlined above, prohibiting an employer from seeking information about an applicant’s conviction history before making a conditional employment offer.

The majority of cities and municipalities follow state laws regarding fair hiring practices.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.