Introduction to How California’s Fair Chance Act Protects Injured Workers
In the realm of employment, everyone deserves a fair chance, including those with a criminal past. The California Fair Chance Act, enacted in 2018, is a testament to this belief. This law, often referred to as the “Ban the Box” law, has significant implications for injured workers in California, particularly those with a criminal record.
The Purpose of the Fair Chance Act
The Fair Chance Act was designed with a clear purpose: to ensure that individuals who have served their time or paid their penalties are not unjustly barred from employment. The law emphasizes that these individuals, now law-abiding Californians, should have the right to work, support their families, and be judged by prospective employers based on their qualifications for the job, not their past.
The Provisions of the Fair Chance Act
The Fair Chance Act has specific provisions that regulate the hiring process. Employers, with a few exceptions, are prohibited from asking job applicants about their criminal record. This includes inquiries about arrests that did not result in a conviction, participation in a diversion program, and dismissed, expunged, or sealed convictions. Employers can conduct a background check that includes a person’s criminal history, but only after they’ve made an official job offer. Importantly, they cannot legally rescind that offer based on a person’s criminal history.
The Intersection of the Fair Chance Act and Workers’ Compensation
The Fair Chance Act has a significant impact on injured workers, especially those with a criminal record. These individuals often face challenges in securing employment and, consequently, workers’ compensation. The Act serves as a protective measure, ensuring that these workers are not unfairly disadvantaged and have equal access to workers’ compensation.
Rights and Recourses under the Fair Chance Act
If an employer rescinds a job offer based on a person’s criminal history, the applicant has specific rights under the Fair Chance Act. The employer must inform the applicant of their right to lodge a complaint with the California Department of Fair Employment and Housing (DFEH). If an individual believes they were discriminated against because of their criminal record, they have the right to take legal action under California law.
Conclusion to How California’s Fair Chance Act Protects Injured Workers
The California Fair Chance Act is a crucial law that protects the rights of workers, particularly those with a criminal past. It ensures that these individuals are given a fair chance in the employment sector and are not unjustly denied workers’ compensation. If you are an injured worker in need of legal help, call us at (844) 584-8444 for a free consultation. At California Injury Lawyer, we have extensive litigation experience in this area and are committed to fighting for your rights.