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Online job advertisements must comply with the FCA

On Behalf of | Nov 16, 2021 | Business & Commercial Law |

The California Department of Fair Employment and Housing (DFEH) is using new efforts to find violators of the Fair Chance Act (FCA). The DFEH makes it easier for people with a criminal history to find work in Calabasas, California, and beyond.

DFEH monitoring online job ads

Business and commercial law covers new businesses and gives protections to employees. The DFEH utilizes technology to search massive amounts of online job advertisements at once. The DFEH is searching for companies that violate the FCA. After one day of searching the internet, more than 500 job advertisements made false statements, rejecting resumes from people with a criminal record. The DFEH is sending notices to the employers and offering resources to help them follow the FCA.

Fair Chance Act resources

The DFEH has an online app and an interactive training set for 2022 to help employers work with FCA. The Fair Chance Toolkit includes:

  • Sample forms for FCA procedures
  • A guide to the DFEH’s sample forms
  • A replacement statement employers can advertise with
  • FAQs about the FCA
  • An informational video about the FCA

Details of the FCA

The DFEH uses technology to find FCA violators and protect the civil rights of Californians. It continues to prevent employment discrimination under the new business and commercial law. The FCA does not allow businesses with five or more employees to ask about an applicant’s criminal history. It violates the FCA for employers to use blanket statements, such as they won’t hire anyone with a criminal record. The FCA wants employers to think about circumstances instead of assuming stereotypes are correct.

The DFEH continues to track online job advertisements for FCA violations. Anyone who notices an online job advertisement that violates the FCA should report the ad. Employers shouldn’t take criminal records or mitigating information revealed by the applicant.