The California Civil Rights Department (CRD) has obtained a $51,000 settlement from Octapharma Plasma for allegedly rescinding a job offer based on criminal history without considering significant mitigating factors and evidence of rehabilitation.
Under the Fair Chance Act, a covered employer may not consider criminal history information until after it extends a conditional job offer. Job applications and advertisements must not include criminal history inquiries or rule out persons with criminal histories. For example, blanket statements such as “must have clean record” violate the law’s protection. Upon learning of a potentially disqualifying criminal record post-offer, the employer must allow the applicant to explain mitigating circumstances, such as the date and type of offense and whether it has any direct, adverse relationship to the job position.
CRD Director Kevin Kish stated: “The Fair Chance Act is about giving every Californian an opportunity to succeed. The law helps qualified candidates to retake control of their lives, give back to their communities, and reintegrate into society. Through this settlement, Octapharma Plasma is doing the right thing for its workers and for the people of our state.”
Octapharma Plasma has also agreed to modify its hiring policies, train hiring managers on the Fair Chance Act’s requirements, and report detailed information to CRD for three years whenever revoking or denying an applicant’s conditional offer due to the individual’s criminal history.
Take-Aways:
Covered employers need to correctly implement the Fair Chance Act’s requirements into their hiring practices.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
- Age Claims Never Grow: Old San Diego Employer Steps in It (April 19, 2024)
- Pay Disparity: Gender Gaps Persist in Every Industry, Reporting Due May 8, 2024 (April 18, 2024)
- Give Peeps A Chance: Civil Rights Department Sues Ralphs for Violating Fair Chance Act (January 26, 2024)
Cindy Bamforth
May 9, 2024