California 2023-2024 Regular Session

California Senate Bill SB809

Introduced
2/17/23  
Refer
3/1/23  
Refer
3/1/23  
Report Pass
4/26/23  
Report Pass
4/26/23  
Refer
4/27/23  
Refer
4/27/23  

Caption

California Fair Employment and Housing Act: Fair Chance Act: conviction history.

Impact

The act restricts employment practices that could unjustly disadvantage job seekers with criminal records and imposes penalties for violations of these provisions. It aims to ensure that employers conduct thorough, individualized assessments of conviction histories only after a conditional employment offer has been made. Additionally, the bill requires employers to disclose all pertinent information concerning restrictions related to a conviction before deciding on an applicant's job status.

Summary

Senate Bill 809, known as the Fair Chance Act of 2023, aims to amend existing employment discrimination laws concerning individuals with conviction histories in California. This bill builds upon the framework set by the Fair Chance Act of 2018, which was designed to mitigate barriers for formerly incarcerated individuals seeking employment. SB809 enhances protections against discrimination based on criminal history, providing a more structured approach to employers' treatment of conviction records during hiring processes and job assessments.

Sentiment

Support for SB809 is strong among advocates for criminal justice reform, who view it as a necessary step toward equitable employment opportunities for individuals with conviction histories. Detractors, however, argue that the bill could place additional burdens on employers, particularly small businesses, by complicating the hiring process. The sentiment thus reveals a classic tension between fostering inclusivity for marginalized communities while ensuring that businesses can operate efficiently without undue restrictions.

Contention

Notable points of contention within the discourse on SB809 focus on the balance between public safety concerns and the need for rehabilitation and reintegration of formerly incarcerated individuals. Opponents express concerns over potential risks in hiring individuals whose conviction histories may pose significant threats to certain job functions, particularly in fields involving vulnerable populations. This ongoing debate underscores the complexities of reforming employment laws while protecting both societal and individual interests.

Companion Bills

No companion bills found.

Previously Filed As

CA AB1008

Employment discrimination: conviction history.

CA SB477

California Fair Employment and Housing Act: enforcement procedures.

CA AB2662

Department of Fair Employment and Housing.

CA SB1038

California Fair Employment and Housing Act: violations: personal liability.

CA SB807

Enforcement of civil rights: Department of Fair Employment and Housing.

CA AB1990

Department of Fair Employment and Housing: Californians with disabilities: workgroup.

CA AB1000

Fair employment and housing protections: background check service providers: housing status.

CA H5760

Fair Chance In Housing Act

CA AB2203

Fair employment and housing protections: credit reports.

CA HB480

Provides relative to employment discrimination and creates the Fair Chance Hiring Act (OR SEE FISC NOTE LF RV)

Similar Bills

CA AB1008

Employment discrimination: conviction history.

CA AB2383

Rental housing unlawful housing practices: applications: criminal history information.

CA AB2845

Criminal procedure: pardons.

CA AB1241

Rental housing unlawful housing practices: applications: criminal records.

CA AB1556

Employment discrimination: unlawful employment practices.

CA AB409

California Conservation Camp program: formerly incarcerated individuals: certifications: Department of Forestry and Fire Protection hiring priority.

CA AB403

Division of Labor Standards Enforcement: complaint.