Fair Chance Employment Implementation

1. Fair Chance Employment Implementation

2. AGENDA Objectives: •Ensure our constituents know their rights and are empowered through the interview process •Comprehend the Fair Chance CA bill •Actionable: how does this affect the interview prep and application process •Train the Trainer: SE staff understand to the ability to share knowledge with participants Background • What is the bill? • Difference between LA City and CA • Penalties if employers don’t comply • The Process & Best Practices for Participants • The Process & Best Practices for Job Developers Preparing for Job Interviews Activity • Interview Roleplay: Employer/Participant Interactions Q & A

3. Background

4. Background: California Governor Jerry Brown has signed Assembly Bill (AB) 1008, which prohibits most public and private employers with five or more employees from asking applicants about criminal conviction histories until after a conditional offer of employment has been made.1 The new law, which Governor Brown signed on October 14, 2017, will become effective January 1, 2018.2 “In passing AB 1008, California joins 29 states and at least 150 cities that have enacted some type of “ban the box” legislation.12 To date, nine other states and 15 municipalities, including San Francisco and Los Angeles, have banned private employers from inquiring into job applicants’ criminal history prior to extending conditional offers of employment.13”

5. What’s Changed: AB 1008 New law prohibits most California-based employers from inquiring about an applicant’s criminal history before making a conditional offer of employment • AB 1008 repeals Labor Code section 432.9, which was enacted in 2013. Labor Code section 432.9 banned state agencies, cities, and counties from asking applicants about their conviction history until the public employer had determined that the applicant met the minimum qualifications for the job.3 AB 1008 has much broader restrictions than section 432.9. • AB 1008 adds new provisions to California’s Fair Employment and Housing Act (FEHA), and prohibits criminal conviction history inquiries until after an employer has extended a conditional offer of employment4 • Additionally, AB 1008 prohibits employers from including any question seeking the disclosure of the applicant’s conviction history on any job applications, prior to a conditional offer. 5”

6. What’s Changed: Individual Assessment • “In addition to restricting the timing of criminal conviction inquiries, AB 1008 requires employers to individually assess applicants and provide them with an opportunity to respond to the assessment before rejecting a candidate based on his/her criminal conviction history. 6 Employers must determine whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position. AB 1008 requires employers to consider: • The nature and gravity of the offense or conduct • The time that has passed since the offense or conduct and completion of the sentence • The nature of the job held or sought7

7. What’s Changed: Individual Assessment Following this individual assessment, if the employer makes a preliminary determination that the applicant’s conviction history disqualifies the applicant for employment, then the employer must notify the applicant in writing. The notification must provide: • Notice of the disqualifying conviction that is a basis for the preliminary decision • A copy of the conviction report, if any • An explanation of the applicant’s right to respond before the decision becomes final • The deadline by which to respond8 • After receiving written notification, the applicant shall have at least five business days to respond before the employer may make a final decision.9 • The applicant’s response may include submission of evidence challenging the accuracy of the conviction history and/or evidence of rehabilitation or mitigating circumstances. If the applicant notifies the employer that the applicant disputes the accuracy of the conviction history and is obtaining evidence to support that assertion, then the applicant shall have five additional business days to respond to the notice.10

8. What’s Changed: Individual Assessment Upon receipt of the applicant’s response, the employer may make a final decision to deny employment. However, to do so, the employer must notify the applicant in writing of: • The final denial or disqualification • Any existing procedure the employer has for the applicant to challenge the decision or request reconsideration • The applicant’s right to file a complaint with the Department of Fair Employment and Housing11

9. Difference between LA City & CA See One Pager

10. Penalties if employers don’t comply (LA City) The administrative fine paid by an Employer for a violation of this article may be awarded by the City to the Applicant or Employee up to a maximum of $500 per violation. • $500 for the first violation • up to $1,000 for the second violation • up to $2,000 for the third and subsequent violations  Which requirement of all the above is this a penalty for? If multiple, should we number them and then state numbers here?)

11. Preparing for Job Interviews

12. The Process & Best Practices for Participants • Application • Apply for the job! • (Under the law, job applications may not include questions about your conviction history) • If you see “must be able to pass a background check” in any job posting or application materials, it doesn’t mean you can’t apply • BUT do your researchon any legal prohibitions based on your individual circumstances, e.g. if there is a legal prohibition against certain convictions or numbers of convictions and the position or licensing needed for the position • Don’t volunteer information about conviction history prior to conditional offer • Interview • Prepare to talk about your skills and qualifications and answer questions about your resume. They still can’t ask about conviction history at this stage, but they may ask you about your work history. Consider what you will say if questions regarding gaps in work come up. • Focus on your experience and skills, not where they were acquired if you don’t want to disclose incarceration

13. The Process & Best Practices for Participants Background Checks • Be prepared to be asked to do a background check after a conditional offer has been made. It doesn’t mean you can’t or won’t be hired Understand the process after background check Prepare your documents (showing who you are today) to respond to the results of the background check Here are some examples of information you may want to prepare: Evidence that the conviction record is inaccurate or that you were not correctly identified in it; The facts or circumstances surrounding the offense or conduct (if they seem mitigating); The number of offenses for which you were convicted (if it seems helpful); The time that has passed since the conduct that led to your conviction or since your release from incarceration; Evidence that you have performed the same type of work since your conviction without any incidents of criminal conduct; The length and consistency of employment history before and after the offense or conduct; Evidence of your rehabilitation efforts, such as (i) evidence showing that at least one year has elapsed since release from any correctional institution without subsequent conviction; (ii) evidence showing your compliance with the terms and conditions of probation or parole; (iii) evidence of positive community involvement Employment or character references and any other information regarding your fitness for the position; and Whether you are bonded under a federal, state, or local bonding program.

14. The Process & Best Practices for Job Developers • Referrals (not sure what intention was here) • Understand and educate clients on their rights under Ban the Box and LA’ Fair Chance Initiative. • Include link to an overview of law to understand the employer process. • Interview • Educate clients to understand that should they choose to initiate a discussion on convictions during the interview, the interviewer may intentionally not respond if following the law. The client should not take personally an interviewer’s silence is this situation. • Prepare the client to understand that not all employers will follow the law and may ask about convictions during the interview. The job seeker should be prepared with options for responding. • Background Checks • Explain they can still be done, just a matter of when • Post Interview Process • Give clients a copy of the sample Notice to Rescind Employment Offer (LA ordinance) • Give clients a copy of Individual Assessment and Reassessment Form (LA ordinance) • Respond to forms

15. The Process & Best Practices for Job Developers • Make sure clients understand that they must respond with 5 days of receiving notice. • Clients should be advised to check for employer responses daily and immediately upon receipt ask the job developer to assist with response. • Prepare clients in advance to demonstrate evidence of rehabilitation (include lists) and encourage them to begin collecting documents and certificates in advance. • Prepare clients to explain employer incentives such as OJT reimbursements and tax credits while understanding that this may be too much pressure for some clients. Clients can be given the job developer’s card so that the client does not have to be fully prepared to discuss all employer incentives. • Look for ways to mitigate employer identified risk between conviction and job duties and assist client with appropriate response. • Determine a strategy to contact employer on behalf of the client. • Do not be afraid to call the employer and ask for their background check policy. If the background check includes a criminal background check, ask what the “lookback” period is and which convictions would be excluded for the position. Many employers will discuss this. It may take practice!

16. Activity

17. Interview Roleplay: Employer/Participant Interactions • Two scenarios • We will act as employers, audience will be job seeker • One person facilitate/pause during take input throughout the process to help apply what we just learned above

18. Q&A