California employers are allowed to conduct background checks on employees and job applicants, but there are laws that regulate when and how to do so. Employers must comply with California labor laws that dictate when and how to conduct background checks. This type of verification can help employers ensure that their employees have the necessary qualifications for their jobs and help them avoid negligent hiring claims. Checkr ETA, a feature of the Checkr product, uses machine learning to provide an estimated delivery time for each background check report.
It is not illegal for employers to ask about pending criminal charges and they could show up on California background checks. However, the change will make it difficult to check employment records, so iprospectcheck has already adapted new methods and processes to this decision. If the employer conducts a background check because it suspects that the applicant has committed a crime or misconduct, the CIPA waives the requirement to give notice and obtain the applicant's consent for verification of background. California employers should review their background check policies and consult with an attorney to ensure that they scrupulously comply with the law's individualized evaluation and notification requirements.
Applicants and employees who believe their employers have violated this law may file discrimination complaints with the California Department of Civil Rights (CRD) and file discrimination lawsuits against their employers to obtain compensation for damages. See the county resources below for more information and check with your city and county governments for more information on the laws in your jurisdiction. Because of this, employers may need to comply with both laws, in addition to ensuring that their background checks comply with all applicable federal and state laws. It also allows the applicant to file a dispute if the background check contains inaccurate or incomplete information.
While many residents of Contra Costa County work for employers in nearby San Francisco, the county is home to a thriving biotechnology sector, as well as a Chevron refinery in Richmond and a C&H sugar factory in Crockett. Under California law (Article 2 of Civil Code 1427-323), employers must keep all employment background checks for a minimum of two years. By ordering the Riverside Superior Court to remove dates of birth and driver's license numbers as data that can be used to identify people with criminal records, the ability of employers (and others) to perform criminal background checks will be further hampered, if not impossible. Checkr offers accurate, standards-compliant reports, tailored to your needs, so you can make fair and informed hiring decisions to increase its workforce.
