Is an Employer or Landlord Using Your Felony Conviction Against You? Here’s What You Can Do

Edward Henderson | Impact Alameda

The California state government has been reminding businesses and landlords across the state that it is illegal to discriminate against job and rental applicants because they have committed felonies or misdemeanors in the past.

The California Department of Fair Employment and Housing (DFEH) is also encouraging the public to report housing ads that use discriminatory language to exclude certain racial groups, immigrants, people with felonies, and applicants with Section 8 or U.S. Department of Housing and Urban Development (HUD) vouchers; etc.

“The California Department of Fair Employment and Housing announced a new effort to identify and correct violations of the Fair Chance Act, a pioneering state law that seeks to reduce barriers to employment for individuals with criminal histories,” a DFEH statement read.

The Fair Chance act, which took effect on January 1, 2018, was written to increase access to employment and housing for Californians with criminal histories — a way to reduce recidivism, among other goals. Employers with five or more employees are prohibited from asking a job candidate about conviction history during the hiring process or when advertising a vacancy.

Since the law passed, the state has sent more than 500 notices to businesses informing them that they have violated protections put in place to protect people seeking work.

The DFEH says it is implementing new technologies to conduct mass searches of online job applications that include unlawful statements. For example, some businesses explicitly state in hiring advertisements that they would not consider applicants with criminal records.

“Using technology to proactively find violations of the state’s anti-discrimination laws is a powerful strategy for our department to protect Californians’ civil rights,” said DFEH Director Kevin Kish. “DFEH is committed to preventing employment discrimination through innovative enforcement actions and by providing clear guidance to employers.”

DFEH released a toolkit to aid employers in adhering to the Fair Chance Act guidelines. The toolkit includes sample forms and guides employers can use to follow required procedures; a suggested statement that employers can add to job advertisements and applications to let applicants know that they will consider individuals with criminal histories; answers to frequently asked questions (FAQs) about the Fair Chance Act and an informational video that explains the Fair Chance Act.

In addition, DFEH plans to release an interactive training and an online app this year.

Before authorities lifted the statewide COVID-19 public health restrictions, DFEH also warned businesses against masking discrimination with COVID safety precautions.

“As Californians navigate the COVID-19 pandemic, the Department of Fair Employment and Housing has provided guidance to protect civil rights and mitigate risk of COVID-19 transmission in employment, housing, healthcare, and, in our guidance released today, businesses open to the public,” said Kish. “We can and must uphold civil rights while simultaneously disrupting the spread of COVID-19.”

DFEH encourages individuals to report job and housing advertisements violating the Fair Chance Act or other instances of discrimination.

Visit the DFEH website to file complaints. (https://ccrs.dfeh.ca.gov/s/login/)