Sacramento, CA asked in Employment Law and Civil Rights for California

Q: I filed a complaint with the DFEH against a company that posted a job listing on Indeed. “No Felonies “ was listed.

I meet all other requirements, including 2 Security clearances. What should expect the outcome to be?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith PRO label
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: You can also file a lawsuit against the prospective employer.

Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: First, apply. The company cannot ask you about prior criminal history until after it makes a conditional offer of employment to you. If you then disclose the criminal history the Ban the Box law in California, also called the Second Chance Act, prohibits the employer from denying you employment unless it can establish that the nature and timing of the prior criminal history would directly impact the job. If you are then rejected, you have rights to challenge that decision through the Department of Fair Employment and Housing. In other words, you are allowed to ignore the "no felonies" part of the posting.

Good luck to you.

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