Are employers allowed to conduct background checks on job applicants?
In California, employers are allowed to conduct background checks on job applicants, provided they comply with laws regulating the scope, use, and findings of the checks. Employers must receive written permission from the applicant before conducting background checks, such as credit checks, criminal record searches, licensure checks, and employment history investigations. Employers must also treat all applicants fairly, without discriminating based on race, color, nationality, disability, sex, sexual orientation, marital status, religious beliefs, age, or any other protected class. The background check findings must be based on job-related criteria and must be consistent with established job requirements. California employers must also use caution when using criminal record background checks, and should avoid inquiring about arrests not resulting in convictions. Overall, California employers are allowed to conduct background checks on job applicants, but they must comply with state and federal laws related to the scope, use, and findings of the checks. Additionally, employers must maintain compliance with anti-discrimination laws and use background checks in a fair and consistent manner that is job-related.
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