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4.
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| PUBLIC PROTECTION COMMITTEE |
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| Information |
| Referral History: |
Ban the Box, officially Assembly Bill 218 (California Labor Code Sec. 432.9), was signed by Governor Brown on October 10, 2013 and became operative July 1, 2014. The law prohibits state and local agencies from inquiring about criminal convictions during the employment application process until the agency has determined that the applicant meets the minimum employment qualifications as stated in any notice issued for the position.
Ban the Box is intended to encourage the hiring of qualified ex?offenders by ensuring that employers screen applicants based on their work qualifications, without consideration of their prior criminal history. It also aims to reduce recidivism through the employment of qualified ex-offenders.
The law requires that any inquiry about convictions on an employment application must be removed. Under existing law, California Labor Code Section 432.7, the employer is already prohibited from inquiring into arrests or into convictions that have been dismissed, with some explicit statutory exceptions. In addition, covered employers must delay any inquiry into convictions until after the employer has determined the applicant meets the minimum employment qualifications, as stated in the notice for the position, with some exceptions.
Labor Code Section 432.9 does not apply to a position for which a state or local agency is otherwise required by law to conduct a conviction history background check (e.g., state laws regulate workers caring for children, the elderly and other sensitive populations), to any position within a criminal justice agency, as that term is defined in Section 13101 of the Penal Code, or to any individual working on a temporary or permanent basis for a criminal justice agency on a contract basis or on loan from another governmental entity.
The County took the necessary steps to ensure the criminal conviction question was removed from the County employment application prior to the July 1, 2014 effective date and is working with departments to administer the hiring process under the new conditions.
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| Referral Update: |
The Human Resources Department implemented changes to its application submission process to comply with Assembly Bill 218 (California Labor Code Sec. 432.9). Previously, Contra Costa County required applicants to disclose, at the time of application, all conviction history detail. Effective July 1, 2014, disclosure of conviction history information is no longer required at the time of application unless it is for a position for which the County is otherwise required by law to conduct a conviction history background check. Information is collected electronically near the end of the recruitment process after the final HR scored examination step (written exam, panel interview, performance test, etc.) and before the eligible list is established. Candidates are to provide the conviction history form within three (3) business days of notification. At the end of three business days, candidates who return the conviction history form are placed on the employment list and the top ranked candidates (depending on the specific rules) become eligible for department selection interviews. For recruitments where Ban the Box does not apply (criminal justice agencies or other positions where the County is required by law to conduct a background check), completion of the conviction history form is required as a part of the job announcement supplemental questionnaire. A conviction history record will not necessarily disqualify an applicant or employee. Conviction records will be reviewed by Human Resources in conjunction with the appointing authority for job-relatedness taking into consideration recency, relevance, and rehabilitation. Conviction history may result in a request for additional information, removal from an employment list, or release from employment if warranted. This revised process will ensure the County’s compliance with AB218 while ensuring County liability is kept at a minimum, candidate experience is not compromised, and barriers to employment are removed.
AB218 (Labor Code Section 432.9) Implementation Recommendations
Confirm use of revised application submission process as this approach is consistent with neighboring counties. The Human Resources Department is preparing a Conviction Information for Applicants FAQs that will be made available to employees and the public on the County’s website. In addition, staff is exploring the requirement that all finalists for County positions be fingerprinted with the information being used to verify conviction information provided by the candidates.
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| Recommendation(s)/Next Step(s): |
1. ACCEPT report on the implementation of "Ban the Box" in Contra Costa County including the use of revised application submission process as this approach is consistent with neighboring counties, preparation of a Conviction Information for Applicants FAQ document that will be made available to employees and the public on the County’s website and potential requirement for all finalists for County positions be fingerprinted with the information being used solely to verify conviction information provided by the candidates.
2. PROVIDE direction to staff, as needed, on implementation of "Ban the Box" in Contra Costa County. |
| Fiscal Impact (if any): |
| No fiscal impact. This report is informational only. |
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