San Francisco’s new “Ban the Box” ordinance takes effect on August 13, 2014. On that date, employers with 20 or more employees (regardless of location) will be prohibited from asking applicants for jobs in SF questions about:

  • An arrest that didn’t lead to conviction (they can ask about unresolved arrests, i.e. those that are the

Many employers utilize background checks to gather information prior to making hiring decisions.  In the past, if someone turned up with a felony conviction, their application was dismissed.  NOT SO FAST!

The EEOC now says that such an act might constitute a violation of Title VII, unless a separate business justification exists for the decision.  More specifically,

Back in the 1970s, our state legislature enacted a law to require “destruction” by “permanent obliteration” of records of minor marijuana convictions that were more than two years old.  So while California employers are generally allowed to ask job applicants about criminal convictions, there’s an exception for certain minor marijuana offenses.

A group of plaintiffs