Top California Fair Chance Act (FCA) Questions

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 are not required to provide your individualized assessment, but you are allowed to based on your own preferences. 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 sent by email?  

No. The regulation states that an email can be presumed to have been received after two days. Without confirmation of receipt, you will have to wait seven 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 employer's discretion. You can contact the applicant before doing the pre-adverse process or assessment, but depending on the offense, it’s not required.

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.