AB 2095: Employment discrimination: conviction history.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law, the California Fair Employment and Housing Act, except as specified, makes it an unlawful employment practice for an employer with 5 or more employees to include on any application for employment, before the employer makes a conditional offer of employment to the applicant, any question that seeks the disclosure of an applicant’s conviction history, to consider the conviction history of the applicant until after the employer has made a conditional offer of employment to the applicant, or to distribute information about an arrest not followed by conviction, referral to or participation in a pretrial or posttrial diversion program, or convictions that have been sealed, dismissed, expunged, or statutorily eradicated or any conviction for which the convicted person has received a full pardon or has been issued a certificate of rehabilitation while conducting a conviction history background check in connection with an application for employment, as specified.

This bill would define the term “conviction or arrest record,” for these purposes. The bill would include among those things that it is unlawful for an employer with 5 or more employees to do while conducting a conviction history background check in connection with an application for employment, asking any question that directly or indirectly seeks consent for a conviction history background check or requesting consent for or beginning a conviction history background check before providing the applicant with a list of all essential job duties, requiring a job applicant to cover the cost of a conviction history background check, or requiring any time before or after the conditional job offer, that an applicant self-disclose conviction history or provide the employer with any documentary evidence related to conviction history or rehabilitation, as specified.

Existing law requires an employer that intends to deny an applicant a position of employment solely or in part because of the applicant’s conviction history to make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position considering specified factors.

This bill, instead, would prohibit an employer from denying an applicant a position of employment or taking any other adverse action solely or in part because of the applicant’s conviction history unless the employer first, reasonably and in good faith, demonstrates via an individualized assessment, that the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that justifies denying the applicant the position and it complies with a specified process. The bill would require the employer to commit the results of the individualized assessment to writing if it makes a decision to deny a position of employment or takes any adverse action. The bill would specify that it is not an adverse action for an employer to temporarily suspend an employee, with pay and for a reasonable amount of time, while the employer complies with the requirements of these provisions.

Existing law makes these provisions inapplicable to a position as a farm labor contractor, as specified or to a position where an employer or agent thereof is required by any state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history.

This bill would remove the exemption for farm labor contractors.

Sponsors

Sponsors by party (alphabetical): Democratic 2

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. May 28, 2026Ordered to inactive file at the request of Assembly Member Lee.
2. May 19, 2026Read second time. Ordered to third reading.
3. May 18, 2026Read second time and amended. Ordered returned to second reading.
4. May 14, 2026From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.) (May 14).
5. April 29, 2026In committee: Set, first hearing. Referred to APPR. suspense file.
6. April 15, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 14). Re-referred to Com. on APPR.
7. April 15, 2026Coauthors revised.
8. April 9, 2026From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 8). Re-referred to Com. on JUD.
9. March 9, 2026Referred to Coms. on L. & E. and JUD.
10. February 19, 2026From printer. May be heard in committee March 21.
11. February 18, 2026Read first time. To print.