CAUTIONARY TALE EPISODE 81 SECOND CHANCE RESCUE Healthcare Giant Pays For Unlawfully Rescinding Job Offer Over Criminal History « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

CAUTIONARY TALE EPISODE 81
SECOND CHANCE RESCUE
Healthcare Giant Pays For Unlawfully Rescinding Job Offer Over Criminal History

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 BowlesCindy Bamforth or Helena Kobrin.

See also:

Cindy Bamforth
May 9, 2024

Contact Us


If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.

NOTE: Use of this website does not make one a client of the Law Offices of Timothy Bowles (“Firm” or “Bowles Law”). Establishing an attorney-client relationship and the confidentiality that comes with it depends on the Firm’s prior confirmation that no factor, including any conflict of interest (for example, our representation of another party adverse to you), exists to prevent that establishment. If you have confidential information that you would like to provide a Bowles Law attorney, please communicate directly to one of our attorneys, in person, by telephone, email, fax or other written means. Do not use this website to offer or communicate confidential information about any legal matter.

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.