California Employment Law Update

Category Archives: Employment Applications

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Garbage Truck Employee Who Failed To Provide Proof Of Right To Work Could Proceed With Age Discrimination Claim

Santillan v. USA Waste of Cal., 853 F.3d 1035 (9th Cir. 2017) Gilberto Santillan, a 53-year-old garbage truck driver in Manhattan Beach, was employed for 32 years before his employment was terminated by a new route manager (Steve Kobzoff) after Santillan had four accidents in a 12-month period. Santillan disputed that he had four accidents … Continue Reading

Employer Violated FCRA By Including Liability Waiver In Disclosure Statement

Syed v. M-I, LLC, 846 F.3d 1034 (9th Cir. 2017) When Sarmad Syed applied for a job with M-I, he was given a “Pre-employment Disclosure Release,” which informed him that his credit history and other information could be collected and used as a basis for the employment decision; the document also stated that by signing … Continue Reading

California Further Limits Use of Criminal Background Information

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are scheduled to take effect on July 1, 2017, largely follow the EEOC’s 2012 Enforcement Guidance. In addition to the new FEHC regulations and existing California law, which … Continue Reading

LA’s Ban the Box Ordinance: New Rules and Regulations

As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment … Continue Reading

Los Angeles’ New “Ban the Box” Ordinance Prohibits Employers From Asking Job Applicants About Their Criminal History

On December 9, Los Angeles Mayor Eric Garcetti signed the “Fair Chance Initiative” into law. The new law, also referred to as the “Ban the Box” ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment has been made. Although some exceptions … Continue Reading

No Disclosure Of Juvenile Criminal History Required(Including Rape And Murder)

This bill prohibits an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court … Continue Reading

California Prohibits Employers from Considering Juvenile Criminal Convictions

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although California law prohibited employers from asking about or considering arrests or detentions that did not result in convictions, the law did not impose any restrictions regarding what types of convictions employers could ask about … Continue Reading

Employee’s Sexual Harassment Lawsuit Was Not Barred By Shortened Statute Of Limitations

Ellis v. U.S. Sec. Assocs., 224 Cal. App. 4th 1213 (2014) When Ashley Ellis applied to work as a security guard for U.S. Security Associates, she signed an employment application that purported to limit the statute of limitations to six months for any employment-related claims. Later, Ellis claimed to have been sexually harassed by her … Continue Reading

Rejected Applicant’s ADA And Title VII Claims Were Properly Dismissed

Nilsson v. City of Mesa, 503 F.3d 947 (9th Cir. 2007) Christine Nilsson applied for a position as a police officer with the City of Mesa, Arizona. In conjunction with her application, Nilsson signed a waiver of any and all claims against the police department. During the application process, Nilsson disclosed that she had been involved … Continue Reading
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