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California (31)
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Employment Screening (20)

In February 2023, CDIA filed a comment to the California Fair Employment and Housing Council is part of the California Department of Fair Employment of Housing (DFEH) on its Proposed Amendments to Title 2, Sections 11017 (Employee Selection) and 11017.1 (Employment Regulations Regarding Criminal History).

CDIA’s comment makes several points:

  • The Proposal is Well Suited to Regulate Conduct By True Employers, But Should Not Sweep in CRAs.
  • To the extent the Rule attempts to preclude a CRA from preparing a report that contains criminal history information, the Rule would be preempted.
  • Any restriction on the contents of consumer reports would also infringe on CDIA members’ rights to free speech guaranteed by the First Amendment.

The DFEH is the state agency that enforces California’s civil rights laws. The Council has statutory authority to pass regulations, hold hearings, and issue reports to advance civil rights in California.

A final rule was issued in July 2023.

Additional resources: