CA “Ban the Box” Pre-Adverse Action Letter is NOW Available
CA AB 1008 became law on January 1, 2018! This new law was created in California because roughly seven million Californians or nearly one in three adults, have an arrest or conviction record that could significantly undermine their efforts to obtain gainful employment.
CA AB 1008 applies to both public and private employers with five or more employees. Under the new law, employers are prohibited from inquiring into an applicant’s conviction history until after a conditional offer of employment is made. In addition, if an employer intends to deny employment based on the applicant’s conviction history, (after conducting a lawful, post offer criminal background check), the employer MUST go through the “Fair Chance Process” before employment is denied. The following link will provide you with additional details about the bill and “The Fair Chance Process.”
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB1008
If, after the employer has assessed the candidate’s conviction history and “makes a preliminary decision that the applicants conviction history disqualifies the applicant from employment,” the written pre-adverse action notice the employer provides to the candidate, must include the conviction(s) that are the basis for the preliminary decision.
These additional California pre-adverse action requirements created a need for a NEW and DIFFERENT pre-adverse action letter that meets the criteria outlined in CA AB 1008. Americhek now has TWO pre-adverse action letters available at the bottom of all completed reports.
The tab labeled CA Pre-Adverse Action Letter is both California and FCRA compliant. All other states should use the letter labeled Pre-Adverse Action Letter and it too is FCRA compliant.
For an additional fee Americhek would be happy to take care of your pre-adverse and adverse action mailings. Please contact Americhek for additional information about this service.