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The Department of Fair Employment and Housing Ramps Up Enforcement of California’s “Ban-the-Box” Law

The California Department of Fair Employment and Housing (“DFEH”) recently announced a new effort to identify and correct violations of the Fair Chance Act. The Fair Chance Act, which was enacted in January 2018 and is commonly known as California’s “ban-the-box” law, amended the Fair Employment and Housing Act (“FEHA”) to prohibit employers with five or more employees from directly or indirectly inquiring into, seeking the disclosure of, or considering an applicant’s conviction history (including questions on a job application) until after the applicant receives a conditional offer of employment. We previously summarized employers’ obligations under the Fair Chance Act here.

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