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<ns0:Id>20250AB__209599INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-18</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Lee</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Lee</ns0:Name>
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<ns0:Title> An act to amend Section 12952 of the Government Code, relating to discrimination. </ns0:Title>
<ns0:RelatingClause>discrimination</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Employment discrimination: conviction history. </ns0:Subject>
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<html:p>Existing law, the California Fair Employment and Housing Act, except as specified, makes it an unlawful employment practice for an employer with 5 or more employees to include on any application for employment, before the employer makes a conditional offer of employment to the applicant, any question that seeks the disclosure of an applicant’s conviction history, to consider the conviction history of the applicant until after the employer has made a conditional offer of employment to the applicant, or to distribute information about an arrest not followed by conviction, referral to or participation in a pretrial or posttrial diversion program, or convictions that have been sealed, dismissed, expunged, or statutorily eradicated or any conviction for which the convicted person has received a full pardon or has been issued a certificate of rehabilitation while conducting a conviction history
background check in connection with an application for employment, as specified.</html:p>
<html:p>This bill would include among those things that it is unlawful for an employer with 5 or more employees to do while conducting a conviction history background check in connection with an application for employment, asking any question that directly or indirectly seeks consent for a conviction history background check or requesting consent for or beginning a conviction history background check before providing the applicant with a list of all specific job duties of the position with which a conviction may have a direct and adverse relationship and potentially result in an adverse action, requiring a job applicant to cover the cost of a conviction history background check, or requiring any time before or after the conditional job offer, that an applicant self-disclose conviction history or provide the employer with any documentary evidence related to conviction history or rehabilitation,
as specified.</html:p>
<html:p>Existing law requires an employer that intends to deny an applicant a position of employment solely or in part because of the applicant’s conviction history to make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position considering specified factors.</html:p>
<html:p>This bill, instead, would prohibit an employer from denying an applicant a position of employment or taking other adverse action solely or in part because of the applicant’s conviction history unless the employer first, reasonably and in good faith, demonstrates via an individualized assessment, that the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that justifies denying the applicant the position and it complies with a specified process. The bill would establish a
rebuttable presumption that the relationship between the position is not sufficiently direct and adverse for these purposes if the applicant has completed a sentence for the conviction of the crime, as specified, or possesses a license, certificate, authorization, or any other similar credential from a governmental agency or board that is required for the position. The bill would require the employer to commit the results of the individualized assessment to writing. The bill would specify that it is not an adverse action for an employer to temporarily suspend an employee, with pay and for a reasonable amount of time, while the employer complies with the requirements of these provisions.</html:p>
<html:p>Existing law makes these provisions inapplicable to a position as a farm labor contractor, as specified or to a position where an employer or agent thereof is required by any state, federal, or local law to conduct criminal background checks for employment purposes or to restrict
employment based on criminal history. </html:p>
<html:p>This bill would remove the exemption for farm labor contractors and add additional requirements to be satisfied to qualify for an exemption with regard to a position for which an employer or agent thereof is required by any state or federal law to conduct a conviction history background check for employment purposes or to restrict employment based on conviction history, as specified.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'12952.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 12952 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>12952.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (d), it is an unlawful employment practice for an employer with five or more employees to do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To include on any application for employment, before the employer makes a conditional offer of employment to the applicant, any question that directly or indirectly seeks the disclosure of an applicant’s conviction history or seeks consent for a conviction history background check.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To inquire
into, consider, or take an adverse action solely or in part because of the conviction history of the applicant until after the employer has made a conditional offer of employment to the applicant.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
To request consent for or begin a conviction history background check before providing the applicant with a list of all specific job duties of the position with which a conviction may have a direct and adverse relationship and potentially result in an adverse action.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
To require a job applicant to cover the cost of a conviction history background check.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
To seek disclosure of, take any adverse action solely or in part because of, consider, distribute, or disseminate information about any of the following while conducting a conviction history background check in connection with any application for employment:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Arrest not followed by conviction, except in the circumstances as permitted in paragraph (1) of subdivision (a) and subdivision (f) of Section 432.7 of the Labor Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Referral to or participation in a pretrial or posttrial diversion program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Convictions that have been sealed, dismissed, or expunged, have received automated conviction record relief, or have been statutorily eradicated pursuant to law, or any conviction for which the convicted person has received a full pardon or has been issued a certificate of rehabilitation.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
To require, at any time before or after the conditional job offer, that an applicant
self-disclose conviction history or provide the employer with any documentary evidence related to conviction history or rehabilitation.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
To interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall not be construed to prevent an employer from conducting a conviction history background check not in conflict with the provisions of subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An employer
shall not deny an applicant a position of employment or take other adverse action solely or in part because of the applicant’s conviction history unless the employer first, reasonably and in good faith, complies, via an individualized
assessment, that the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that
justifies denying the applicant the position and complies with the process described in this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In making the individualized assessment, the employer shall consider all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The nature and gravity of
the offense or conduct.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The time that has passed since the offense or conduct and completion of the sentence.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The nature and specific duties of the job held or sought.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
There shall be a rebuttable presumption that the relationship between the applicant’s conviction and the position is not sufficiently direct and adverse to justify denying the applicant the position if either of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The applicant has completed a sentence for the conviction of the crime. For purposes of this clause, completion of a sentence shall not require
completion of parole, probation, supervised release, and any other form of supervision.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The applicant possesses a license, certificate, authorization, or any other similar credential from a licensing, regulatory, or other government agency or board that is required for the position.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The employer shall commit the results of this individualized assessment to writing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the employer makes a preliminary decision that the applicant’s conviction history disqualifies the applicant from employment, the employer shall notify the applicant of this preliminary decision in writing. The notification shall contain all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Notice of the disqualifying conviction or convictions that are the basis for the preliminary decision to rescind the offer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A copy of the conviction history report, if any.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An explanation of the applicant’s right to respond to the notice of the employer’s preliminary decision before that decision becomes final and the deadline by which to respond. The explanation shall inform the applicant that the response may include submission of evidence challenging the accuracy of the conviction history report that is the basis for rescinding the offer, evidence of rehabilitation or mitigating circumstances, or both.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An explanation of the employer’s reasoning for making the preliminary decision, including a copy of the results of the individualized assessment described in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The applicant shall have at least five business days to respond to the notice provided to the applicant under paragraph (2) before the employer may make a final decision. If, within the five business days, the applicant notifies the employer in writing that the applicant disputes the accuracy of the conviction history report that was the basis for the preliminary decision to rescind the offer and that the applicant is taking specific steps to obtain evidence supporting that assertion, then the applicant shall have 10 additional business
days to respond to the notice.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The employer shall consider
all information submitted by the applicant pursuant to paragraph (3) and conduct a new individualized assessment pursuant to paragraph (1) before making a final decision.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If an employer makes a final decision to deny an application solely or in part because of the applicant’s conviction history, the employer shall notify the applicant in writing of all the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The final denial or disqualification.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An explanation of the employer’s reasoning for the denial or disqualification, including a copy of the results of the updated individualized assessment described in paragraph (4).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any existing procedure the employer has for the applicant to challenge the decision or request reconsideration.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The right to file a complaint with the department.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
It shall not be considered an adverse action for an employer to temporarily suspend an employee, with pay and for a reasonable amount of time, while the employer complies with the requirements of this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section does not apply in any of the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
To a position with a state or local agency for which the agency is otherwise required by law to conduct a conviction history background check.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To a position with a criminal justice agency, as defined in Section 13101 of the Penal Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
With regard to a position for which an employer or agent thereof is required by
state or federal law to conduct a conviction history background
check for employment purposes or to restrict employment based on conviction history, this section shall apply, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The employer may inquire about conviction history and seek consent for and conduct a conviction background check before a conditional job offer only if the employer simultaneously provides the applicant with a written notice stating that the position is covered by an exception to this section and listing the relevant laws and regulations forming the basis for the exception.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
When taking an adverse action specifically
required by state or federal law, the employer need not conduct the individualized assessment required by subdivision (c) and shall instead notify the applicant, in writing, of the relevant law or regulation requiring the adverse action and allow the applicant to challenge the accuracy of the conviction history report as described in subdivision (c).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph, federal law shall include rules or regulations promulgated by a self-regulatory organization as defined in Section 3(a)(26) of the Securities Exchange Act of 1934, as amended by 124 Stat. 1652 (Public Law 111-203), pursuant to the authority in Section 19(b) of the Securities Exchange Act of 1934, as amended by 124 Stat. 1652 (Public Law 111-203).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Nothing in this section shall be interpreted or applied so as to create any requirement, power, or duty in conflict with federal law.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The remedies under this section shall be in addition to and not in derogation of all other rights and remedies that an applicant may have under any other law, including any existing or future local
ordinance that governs employer consideration of the arrest or conviction record of any job applicant or current employee.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Applicant” means an individual seeking initial work, continued work, transfer, or promotion.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Conditional job offer” means a written offer to work as an employee and includes offers for initial employment, transfer, or promotion.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Conviction” has the same meaning as defined in paragraphs (1) and (3) of subdivision (a) of Section 432.7 of the Labor Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding
subparagraph (A), the term “conviction history” includes:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An arrest not resulting in conviction only in the specific, limited circumstances described in subdivision (f) of Section 432.7 of the Labor Code, when an employer at a health facility, as defined in Section 1250 of the Health and Safety Code, may ask an applicant for certain positions about specified types of arrests.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An arrest for which an individual is out on bail or their own recognizance pending trial.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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