As of October 1, 2023, significant changes to California's Fair Chance Act (FCA) compliance have taken effect, impacting both employers and job applicants. This act is designed to provide individuals with criminal histories a fair chance of employment. Morgan Reynolds, VP of Risk and Legal Council, DISA Global Solutions, presented a webinar to discuss the new compliance update followed by an insightful Q&A from the attendees. Here’s what you need to know from the Q&A.
Q&A from Webinar
Do I have to give the applicant my individualized assessment?
You’re not required to provide your individualized assessment, but you’re allowed to based on how you see fit. Employers commonly provide it to applicants as part of the pre-adverse action process.
If I have to wait five days from receipt to take adverse action, can I assume immediate receipt when sending by email?
No. It’s outlined within the regulation that email can be presumed to be received after two days. Without confirmation of receipt, you will have to wait 7 business days before taking adverse action.
How do I do an initial individualized assessment when all I have is the criminal history?
It’s up to the discretion of the employer. You are able to reach out to the applicant before doing the pre-adverse process or assessment, but it’s not required depending on the offense.
Does each company need a set policy with specific offenses?
It’s best to have a set policy instead of set offenses because it’s hard to make it individualized when you have set offenses that are not hirable.
Does this only apply to applicants who live in California?
Yes. Since it’s a California law, it’s for California residents.