Proposition 24 (California Privacy Rights Act)—passed by more than 56% of voters in November 2020—will amend the California Consumer Privacy Act (CCPA). The new law will take full effect in 2023 with individual rights (and accompanying covered business requirements) granted by the CCPA remaining during the transition.
You can file a complaint with the California Department of Fair Employment and Housing (they can order the employer to change its behavior and require them to pay you for the violation).
Yes.
In either the job application or written notice of the background check, you’ll be given the option to get a copy of it (if they used a background screening company) or any public records they obtained (if they did it themselves).
They must notify you in writing—giving you the name, address and telephone number of the company doing the background check.
Yes, they can.
They must consider the amount of time since you were convicted, the type of conviction and if it relates to the specific duties of the job.
California employers can run a criminal background check after determining that you qualify for the job.
Generally, no.
Private (with five or more employees) and public sector (state/local agencies, cities and counties) employers must review your qualifications for the job before considering your criminal record.
Generally, no.
California employers can only ask to see your arrest record when you’re awaiting trial on the arrest or (for certain arrests) if you are applying for a health care job and will have access to patients or drugs.
Generally, no.
It can only be seen by certain employers (public utilities, law enforcement, security guard firms and childcare facilities).
At the beginning of the year, more than 65 bills were introduced that would have impacted California privacy law. As COVID-19—the defining event of this legislative session—spread, legislators were forced to dramatically pare back their bill packages in response to the pandemic’s serious impact on the state’s budget.