October 25, 2021

Volume XI, Number 298

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October 22, 2021

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New California Law Limits Employers’ Ability To Inquire Into Juvenile Criminal History

On September 27, 2016, Governor Jerry Brown signed Assembly Bill 1843, which prohibits certain inquiries into the criminal past of applicants for employment.  The new law now adds a prohibition against asking about, considering as part of the hiring process, or attempting to discover, information relating to any “arrest, detention, processing, diversion, supervision, adjudication, or court disposition” that occurred while the applicant was subject to the “process and jurisdiction” of the juvenile court.   

The new law contains a carve out for healthcare facilities seeking to employ applicants who will have regular access to patients and/or drugs and medication.  For these applicants, the healthcare facility may seek disclosure of their relevant history, but first must furnish a list describing the particular types of offenses that must be disclosed.  Healthcare facilities also must be cautious that they limit the scope of their juvenile criminal inquiries to information related only to unsealed felony and misdemeanor offenses that occurred within the preceding five years.   

This law will apply to all public and private employers, except as noted above.  This law will become effective January 1, 2017.

Jackson Lewis P.C. © 2021National Law Review, Volume VI, Number 293
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About this Author

Dale R. Kuykendall, Labor and Employment Attorney, Jackson Lewis Law Firm
Principal

Dale R. Kuykendall is a Principal in the Sacramento, California, office of Jackson Lewis P.C. His practice focuses on advising and counseling employers in the hiring, supervision and termination of employees.

In addition to his advice and counsel practice, Mr. Kuykendall has successfully litigated a wide variety of employment cases through trial, including claims of unfair competition, breach of contract, discrimination, harassment and wrongful termination.

Prior to joining Jackson Lewis...

916-341-0404
Associate

Evan D. Beecher is an Associate in the Sacramento, California, office of Jackson Lewis P.C. He represents management in all types of employment disputes including harassment, discrimination, retaliation and wrongful termination cases in both state and federal court as well as in arbitration and administrative hearings.

916-288-3010
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