Legislative Updates: California Senate Bill 809

Posted: March 07, 2023

We are closely monitoring the California Senate Bill 809, “California Fair Employment and Housing Act: Fair Chance Act of 2023: conviction history.” The bill, introduced on 2/17/2023 by Senators Smallwood-Cuevas and Wahab, is currently pending review by the Senate Judiciary Committee. It would enact the Fair Chance Act of 2023, revising the current law.
 
California Senate Bill 809, among other things, would make it an unlawful to take “adverse action against an employee” or “discriminate against an employee in the terms, conditions, or privileges of their employment based on their arrest or conviction history or to end an interview, reject an application, or otherwise terminate the employment or promotion application process based on conviction history information provided by the applicant or learned from any other source.” The bill would authorize employers to conduct a conviction history background check only in specified circumstances.
 
While this bill was introduced to help formerly incarcerated people successfully secure employment, it has the potential for serious implications, including essentially creating a ban on background screening in California.
 
If you have questions about this pending legislation, please contact us at please contact our Client Service Ninjas at (877) 360-4636. We will provide updates as they become available.