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FEHA Criminal History Regulations – A Reminder

26 Oct

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Update Applicable to:

All employers with 5 or more employees who have workers in California (for multi-state employers, the employee count applies even if the employer has less than 5 employees working in California)

What happened?

This is both a reminder and an update regarding additional materials produced by the CCRD.

California’s Fair Employment and Housing Act (FEHA) regulations will be updated as of October 1, 2023. The updated regulations govern how employers with five or more employees can use criminal history information when making employment decisions.

What are the details?

We have previously sent out a communication regarding this update and you can read that via the link below. In addition to what was covered in that update, the California Civil Rights Department has provided sample forms and notices that employers can use voluntarily when communicating with applicants about employment decisions based on criminal history.

For more information, please see the links below:

Fair Chance Act Sample Forms Packet

Previous Vensure Communication (includes links to all documents)

Fair Chance Act Guidance

What do employers need to do?

Employers should review the above links and seek legal counsel to review the sample forms and notices released by the CRD to determine if they can be used as is or if they need editing for specific language applicable to the business.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's California PEO services can help you navigate complex employment laws and keep your business compliant.


This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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