California Statewide Ban-the-Box Law Approved by Legislature¹

Rod M. Fliegel and Allen P. Lohse

Rod M. Fliegel has broad subject matter experience and significant expertise in class action defense and the intersection of the federal and state background check laws, such as Title VII and the Fair Credit Reporting Act and their state law equivalents. He also has extensive experience defending employers in state, federal, and administrative litigation, including matters with the Equal Employment Opportunity Commission, the Federal Trade Commission, and the New York Office of the Attorney General.

Allen P. Lohse’s practice focuses on complex commercial litigation, with an emphasis on class actions. He concentrates on representing employers being sued for violating the Fair Credit Reporting Act (FCRA) and various state and local laws that impose limitations on employers’ ability to screen their job applicants. Allen litigates before California state and federal courts, and has represented clients in various industries. He also has an extensive background in other claims implicating privacy rights.

In February 2017, five California assembly members introduced Assembly Bill 1008, which proposes to add a section to the California Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an employer’s ability to make pre-hire and personnel decisions based on an individual’s criminal history, including a significant and far reaching "ban-the-box" component. The bill has passed both houses and will now be forwarded to Governor Jerry Brown (D). While the governor has until October 15, 2017 to sign, veto, or otherwise not act upon all bills that passed both houses as of September 15, he is expected to sign AB 1008.²