Are employers allowed to take into account an applicant’s past criminal record when making hiring decisions?

In California, employers are allowed to take into account an applicant’s past criminal record when making hiring decisions. This is known as “Criminal History Discrimination” and is protected under California’s employment discrimination law, known as the Fair Employment and Housing Act (FEHA). Under the FEHA, employers can consider an applicant’s criminal history when making a hiring decision as long as it is related to the job, and that the employer’s policy is applied in a fair and consistent manner. For example, an employer may choose to only hire applicants with no criminal history for certain positions. However, employers are not allowed to discriminate against any applicant for any reason related to their race, gender, religion, ethnicity, national origin, disability, sexual orientation, or other protected categories. They must also ensure that the requirements they set for criminal history are job-related and applied in a fair and consistent manner. Additionally, employers are prohibited from inquiring about an applicant’s arrest record unless it is related to the job, and if such information is obtained, it must be kept confidential. Overall, employers in California have some leeway in considering an applicant’s criminal record when making a hiring decision, but they must make sure that the requirements are applied consistently and are job-related.

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Are employers allowed to take into account an applicant’s past criminal record when making hiring decisions?

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