In an insightful session at the Day with DISA 2024 conference, Adam Rosenthal, an Employment Law Partner at Shepard Mullen, delved into the complexities of California's unique legal landscape, particularly focusing on hiring best practices and pitfalls. Adam's expertise shone through as he navigated the nuances of California employment law, offering valuable insights into non-discrimination policies, fair pay laws, and the intricacies of conducting compliant recruitment processes in the state.
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Adam’s presentation was a deep dive into the critical aspects of compliant hiring in California. He emphasized the importance of non-discrimination and equal employment opportunity in every organization's policy. With California often leading the way in employment law, Rosenthal's insights are not just vital for businesses in the state but also for those outside who might face similar legal landscapes in the future. He also highlighted California's stringent laws on fair pay and the critical need for transparency in job postings, especially concerning compensation scales.
The session further covered the nuanced areas of pre-employment background checks, particularly focusing on the 'Ban the Box' laws. Rosenthal detailed the delicate process of handling applicants with a criminal background, stressing the importance of a fair and thorough evaluation before making any employment decisions. Additionally, he touched upon the evolving landscape of drug testing in the workplace, especially concerning marijuana use, which is legal in California.
Key Takeaways:
- Non-Discrimination Policies: California's employment law requires heightened attention to non-discrimination, covering a wider range of protected classes than federal law. It's crucial for employers to have policies promoting non-discrimination and equal employment opportunities.
- Fair Pay and Transparency: Employers in California must include pay scales in job postings and be transparent about compensation, a practice aimed at addressing persistent pay inequalities across gender and race.
- Ban the Box Compliance: Employers need to navigate California's 'Ban the Box' law carefully, which prohibits asking about criminal history before a conditional job offer. This law aims to provide fair chances to individuals with a criminal background.
- Aptitude and Medical Testing: Rosenthal emphasized the legality of aptitude and medical testing in California, outlining the conditions under which these tests can be administered and how they should be conducted to avoid discrimination.
- Evolving Marijuana Laws: With the legalization of marijuana in California, employers must adapt their drug testing policies. Testing for non-psychoactive cannabis metabolites is unlawful, and employers must focus on current impairment tests.
- Interactive Process for Disability Accommodation: The session underscored the importance of engaging in an interactive process for accommodating disabilities, both in the context of the hiring process and workplace adjustments.
About Day with DISA:
Day with DISA, the annual conference for professionals responsible for employee screening, has once again provided invaluable insights into the latest industry trends. This year, the event saw over 4,000 attendees, including HR and safety professionals. Focusing on topics like drug and alcohol testing, background checks, and occupational health, this year's event was a blend of virtual presentations and an in-person "Keynotes and Networking" event. As we reflect on the successful conclusion of this year's conference, we look forward to welcoming you next year for more insightful discussions and networking opportunities.
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About DISA:
Founded in 1986, DISA is the industry-leading provider of employee screening and compliance services. Headquartered in Houston, with more than 35 offices throughout North America and Europe, DISA’s comprehensive scope of services includes background checks, drug and alcohol testing, occupational health, and transportation compliance. DISA assists employers in making informed staffing decisions while building a culture of safety in their workplace.