California employers have a greater burden managing a legally-compliant hiring process than those in other states. New laws that go into effect in 2018 do not make this any easier. An effective hiring process centers around a legal and efficient employment application, as well as finely-tuned candidate evaluation and hiring procedures.
In particular, two new California laws effective January 1, 2018, will complicate your hiring process. The first, “Ban the Box”, has gone statewide; employers are now barred from inquiring about an applicant’s criminal history until after a conditional offer of employment has been made. The second prohibits all inquiries into an applicant’s pay history to correct historical gender bias and to prevent it in the future.
Both new laws compel updates to your employment application, as well as modification of your interview and hiring process. A proper application as well as a written offer letter containing necessary legal language will go a long way toward protecting the employer. Hiring managers must also become familiar with these new requirements, so that they will not mistakenly ask questions that could create hiring liability.
For assistance with updating your employment application or questions regarding the hiring process, contact the employment attorneys at LightGabler.