EMPLOYMENT APPENDIX

EMPLOYMENT APPENDIX

Form I-9 (Employment Eligibility Verification) – PG. 610List of Workforce Development Programs in California – PG. 614How to Present Your Best Self: Proof of Rehabilitation – PG. 616How to Present Your Best Self:
Tips for Success in Job Interviews – PG. 617Benefits for Employers:
Federal Bonding Program – PG. 619Local “Ban the Box” Laws – PG. 621San Francisco Fair Chance Ordinance – PG. 623City of Richmond, CA:
“Ban the Box” Ordinance – PG. 626A Summary of Your Rights Under the
Fair Credit Reporting Act (FCRA) – PG. 628Civil Rights Law that Governs Employers’ Hiring Decisions: Title VII – PG. 631Civil Rights Law that Governs Employers’ Hiring Decisions:
EEOC Enforcement Guidance – PG. 632List of Equal Employment Opportunity Commission (EEOC) Offices in California – PG. 633List of Dept. of Fair Employment & Housing (DFEH) Offices in California – PG. 634California Department of Fair Employment and Housing (DFEH):
“Pre-Complaint Inquiry” Form – PG. 635Equal Employment Opportunity Commission (EEOC) Complaint Process – PG. 636California Department of Fair Employment and Housing (DFEH) Complaint Process – PG. 638Professional/Occupational Licensing—Appeals Process – PG. 640Alternatives to Traditional Employment: Self-Employment &
Starting Your Own Business – PG. 642Alternatives to Traditional Employment: Becoming an Independent Contractor – PG. 643Employment Rights for People with Disabilities: Exceptions Where an Employer Does Not Have to Provide a Reasonable Accommodation to an Employee – PG. 645Employment Rights for People with Disabilities: Requesting a Reasonable Accommodation for Your Disability – PG. 647Employment Rights for People with Disabilities: Sample Letter Requesting Reasonable Accommodation – PG. 648LA Fair Chance Initiative for Hiring – PG. 649
Appendix A
Form I-9 (Employment Eligibility Verification)

See next page.

Macintosh HD:Users:Rachel:Google Drive:Law Practice:Legal Manual:R&R Legal Manual Chapters:Employment Chapter:APPENDIX MATERIALS:i-9:I-9 7.pdf

Macintosh HD:Users:Rachel:Google Drive:Law Practice:Legal Manual:R&R Legal Manual Chapters:Employment Chapter:APPENDIX MATERIALS:i-9:I-9 8.pdf

Macintosh HD:Users:Rachel:Google Drive:Law Practice:Legal Manual:R&R Legal Manual Chapters:Employment Chapter:APPENDIX MATERIALS:i-9:I-9 9.pdfAppendix B
List of Workforce Development Programs in California

There are many workforce development programs around California. These are just some of the programs available—there may be others in your area!

    Center for Living & Learning—Apprenticeship and job search preparation
    14549 Archwood Street #221, Van Nuys, CA 91405
    Telephone: 818-781-1073
    Email: rhonda@center4living.org
    Online: http://www.center4living.lle.org/apprenticeships.shtml
    BOSS Partners in Employment Reentry Program (PREP)
    1433 Webster St., Ste. 100, Oakland, CA 94612
    Telephone: (510) 891-8773
    Email: dmccray@self-sufficiency.org
    Online: https://self-sufficiency.org/?programs=partners-reentry-program-prep
    Rubicon Programs (multiple locations)
    101 Broadway, Richmond, CA 94804
    Telephone: (510) 412-1725
    1918 Bonita Avenue, Berkeley, CA 94704
    Telephone: (510) 549-8820
    418 West 4th Street, Antioch, CA 94509
    Telephone: (925) 399-8990
    Online: http://www.rubiconprograms.org/economicempowerment.html
    Dress for Success (multiple locations)
    1416 17th Street, Bakersfield, CA 93301
    Monday—Friday: 12 PM—5 PM
    Telephone: (661) 748-1809
    Online: https://bakersfield.dressforsuccess.org/
    11801 Pierce Street, Suite 200, Riverside, CA 92505
    Monday—Friday: 8 AM—5 PM
    Online: https://riverside.dressforsuccess.org/
    770 L Street, Suite 950, Sacramento, CA 95814
    Telephone: (916) 285-0103
    Online: https://sacramento.dressforsuccess.org/
    1122 Broadway, Suite 200, San Diego, CA 92101
    Monday—Friday, 9 AM—5 PM
    Telephone: (619) 533-6014
    Online: https://sandiego.dressforsuccess.org/
    500 Sutter Street, Suite 218, San Francisco, CA 94102
    Monday—Friday, 8:30 AM—5 PM
    Telephone: (415) 362-0034
    Online: https://sanfrancisco.dressforsuccess.org/
    560 Valley Way, 2nd Floor—Bldg. 4, Milpitas, CA 95035
    Monday—Friday 9 AM—5 PM
    Telephone: (408) 935-8299
    Online: https://sanjose.dressforsuccess.org/
    2100 S. Hill Street, Los Angeles, CA 90007
    Monday—Friday: 9 AM—5 PM
    Telephone: (323) 461-1021
    Online: https://worldwidewest.dressforsuccess.org/
    Wardrobe for Opportunity
    Oakland for Opportunity Boutique & Training Center
    570 14th Street, Suite 5, Oakland, CA 94612
    Telephone: (510) 463-4100
    Fax: (510) 452-4502
    Concord Boutique & Training Center
    1850 Gateway Blvd, Suite 170, Concord, CA 94520
    Telephone: (510) 463-4100
    Online: https://www.wardrobe.org/
    California Employment Development Department (EDD)
    America’s Job Centers of California (formerly One-Stop Career Centers) - over 200 locations throughout California: http://www.americasjobcenter.ca.gov/
    Job fairs and workshops: http://www.edd.ca.gov/Jobs_and_Training/Job_Fairs_and_Events.htm
    Online: http://www.edd.ca.gov/Jobs_and_Training/More_Job_Seeker_Information.htm
    To find additional employment programs and resources, check out the following links:
    Building Opportunities for Self-Sufficiency: https://self-sufficiency.org/?page_id=944
    Alameda Point Collaborative: http://apcollaborative.org/workforce-development/
    Center for Independent Living, Inc. (Berkeley): http://www.cilberkeley.org/programs/employment/employment-services/
    Goodwill Industries of the Greater East Bay: http://eastbaygoodwill.org/programs/
    SparkPoint Centers: http://sparkpointcenters.org/financial-services/get-a-job
    70 Million Jobs: 70MillionJobs.com
Appendix C
How to Present Your Best Self: Proof of Rehabilitation

EXPUNGEMENTS, PARDONS, AND CERTIFICATES OF REHABILITATION*

If you have had your conviction expunged or pardoned, or you received a Certificate of Rehabilitation, give the employer a copy! Give them to the employer along with your completed job application or during your interview. (Important: Make sure you only give the employer a photocopy and keep the original documents for yourself.)

OTHER REHABILITATION DOCUMENTS

These include any certificates, diplomas, letters of recommendation, or other documents that show your accomplishments since your conviction, and that you have turned your life around for the better. Here are just some examples of things you can bring:

    Certificates or diplomas for any programs that you completed while inside or after your release—e.g., vocational training and job skills, anger management, substance abuse, GED classes, etc.;
    Letters of support from people who know you and can speak to your good character or work ethic—e.g., a former employer, pastor at your church, case manager or social worker, volunteer coordinator, or personal friend.
    Certificates from any professional training or school courses you’ve completed;
    Proof of other jobs or volunteer work that you’ve done since your conviction; and/or
    Discharge papers from a rehabilitation facility.
    For more suggestions about how to get evidence of rehabilitation, this guide can help you: How to Gather Evidence of Rehabilitation (Legal Action Center), available online at: http://lac.org/wp-content/uploads/2014/12/How_to_Gather_Evidence_of_
    Rehabilitation_2013.pdf
Appendix D
How to Present Your Best Self:
Tips for Success in Job Interviews

These tips can help you succeed in job interviews, especially if you have to answer any difficult questions about your criminal record. Here are some suggested steps and tips:

Thoughtfully answer each interview question.

Here are some tips for addressing your criminal record and answering other tough questions during a job interview:

    Own it! Take responsibility for your actions. State the facts, but express regret for what happened. Don’t get defensive.
    Don’t go into details. Keep your answers short. Be honest, but only talk about necessary information based on the questions you are asked.
    Tell the employer how you have changed. Emphasize that the incident happened long ago and that you are a different person now. Explain what you learned while you were in prison/jail, and what you are doing differently now. Highlight any services that you’re getting to help you move on. Paint a picture of the person you are now.
    Emphasize your qualifications. Describe the things that will make you a good employee—such as previous work experience, job training programs, or classes that you’ve taken. Show the employer why you are qualified for the position and will be a benefit to the company.
    Describe your hopes and dreams. Show the employer than you are in control of your life and have short-term and long-term goals. Highlight any programs or services that you’re participating in to help you move on and achieve your goals. Emphasize that you would be very appreciative of the opportunity to work for them, and you will be the hardest worker they will ever have.[2044]
    DON’T LIE! If the employer finds out the truth (though a background check, or later on after you’ve been hired), they can reject or fire you for lying—regardless of your record and qualifications for the job!

The most important question of all is “Why Should I Hire You?” Remember, the most important thing to show is that you are qualified for the position and that you will benefit the employer’s company if they hire you. You should also be ready to explain why you are interested in the job. Be sure you have all of these answers prepared and practice them beforehand.

IMPORTANT: What if the employer asks an illegal question or asks about something that should not have been included in your background check? See PG. 566 for more information about what you can do in this situation.

Ask your own questions.

Often, employers will give you a chance to ask them questions at the end of an interview, so it’s best to have several questions prepared beforehand. Here are some sample questions you can ask that demonstrate your interest in the position and the company—the answers will make you look better!

    What is most important for you (my boss) to be happy with me if I get this job?
    What would you like me to accomplish in the first couple of weeks on the job?
    Why did the person who had this job before leave?[2045]
    Any other questions showing that you’ve done your homework to research and learn about the company.
    DON’T just ask about wages, hours, or benefits!

Practice beforehand!

If possible, you should try to do a practice (“mock”) interview before the real thing with your case manager, social worker, counselor, or family or friends. Have the other person pretend they’re the employer and ask you interview questions, so that you can practice giving your answers. Remember, even if you have your answers prepared on paper or in your head, things will sound different when you try to say them out loud!

Be polite and confident during the interview.

Here are some things to keep in mind when it’s time for the interview:

    Dress up! Show the employer that you take yourself—and the job—seriously by presenting your most professional self. Dress like you were going to court, to church, or to some other important event.
    Be polite! Make sure to thank the employer for giving you the chance to interview for the job, and shake the interviewer’s hand. Do this BEFORE and AFTER the interview.
    Be positive and confident! Smile, make eye contact with the interviewer, and show that you are confident in your abilities to be a good employee. Go in with the mindset that you are the best applicant for the job and you will get hired.
    Take notes! Bring a pencil and paper so that you can write down any important information or questions during the interview. Always start by writing down the interviewer’s name so that you can follow up afterward!

Follow-up after the interview.

After the interview, it’s important to follow up—this will help to make sure the employer doesn’t forget about you and shows you’re still interested in the job.

    Send a thank you note. A thank-you note will help you stand out from other job applicants. It shows how professional and polite you are, and it gives you another opportunity to sell yourself or re-answer a question that you didn’t handle very well during the interview. Address the note to the person who interviewed you (this is why it’s important to write down their name during the interview).
    If you don’t get the job, you might consider calling the hiring manager to ask for feedback. You could say something along the lines of: “I know you decided to hire someone else, but I just wanted to find out why I didn’t get the job. I’d appreciate knowing the reason, because your feedback will help me in my job search.” You may get feedback that could actually influence the employer to reconsider your application. If not, you’ll at least receive some useful information that will help with future interviews.[2046] 
Appendix E
Benefits for Employers:
Federal Bonding Program

This section explains all the eligibility requirements of the Federal Bonding Program and how to apply for the program.

WHO IS ELIGIBLE FOR THE FEDERAL BONDING PROGRAM?

In order to be eligible for the federal bonding program, you must meet the following requirements:

Have a firm job offer (or be already employed) at a job that is likely to be long-term or permanent. The EDD staff will need to verify that the employer is ready to hire you (or keep you on the job) once you have bonding insurance.

Be qualified for the job position being offered. In other words, the only thing preventing you from getting the job is the lack of insurance.

The position that you are being hired for requires you to be bonded, or you are required to be bonded to remain on the job.

You are not commercially bondable, or could be denied commercial bonding coverage because of an arrest record or imprisonment, history of drug or alcohol abuse, poor credit history, lack of employment history, dishonorable discharge from the military, or other “risk” factors.

You are 18 or older and legally eligible to work in the U.S. You will have to provide proof of your legal status or documentation for authorization to work in the United States.

Are not self-employed or an owner/operator.[2047]

HOW DO I APPLY FOR THE FEDERAL BONDING PROGRAM?

STEP 1: Visit your local EDD Workforce Services location or America’s Job Center of California (formerly One-Stop Career Center). The only document you need to bring is proof of legal status or eligibility to work in the U.S. (see list of employment verification documents, Appendix A, PG. 610)[2048]—you do NOT need to bring any other paperwork. The EDD staff will contact the employer and/or do other research to make sure that you meet all the other eligibility requirements;

STEP 2: The EDD staff person certifies (approves) the bond; and

STEP 3: Your insurance coverage will begin as soon as you begin work.[2049]

Two important things about bonding:

    Your employer can only get free insurance coverage for the first 6 months that you work there; after that they will have to purchase insurance directly. If you lose your job after 6 months and you suspect that your employer dumped you so that it would not have to pay insurance, you may want to contact the EDD.
    If you switch to another job that also requires bonding, there is no guarantee that you will be able to get insurance with the new employer. The EDD will decide on a case-by-case basis whether or not to issue you another round of bonding.[2050] For this reason, we recommend that you only use the bonding program for jobs that are likely to be long-term or permanent—NOT for temporary positions.[2051]

The EDD is here to help you! The EDD wants to make sure that all bonding program participants are successful in their work and are treated equally by employers. If you have any questions or problems about getting bonded, contact the EDD State Bonding Coordinator at 916-654-9309.[2052]

For more information on the government bonding program:

    Visit any EDD America’s Job Center of California or Workforce Services location[2053]
    Read the EDD’s online brochure at http://www.edd.ca.gov/pdf_pub_ctr/de8714ff.pdf
    Contact the EDD State Bonding Coordinator:

Telephone: 916-654-9309
Mailing Address:
Workforce Services Branch—California EDD
P.O. Box 826880, MIC 50
Sacramento, CA 94280-0001

Appendix F
Local “Ban the Box” Laws in California
WHAT IS THE CALIFORNIA “BAN THE BOX” LAW ALL ABOUT?

As of July 1, 2014, state and local agencies can’t ask about your criminal history by any method—verbally (e.g., during an interview), in writing, or on a job application—until after it has decided that you meet the minimum qualifications for the job.[2054]

WHO DOES THE STATEWIDE “BAN THE BOX” LAW APPLY TO?

The STATEWIDE law applies to public employers (meaning California state and local governments and agencies), but not private employers and not federal government agencies. However, LOCAL laws might provide more protection for applicants. See more below.

WHAT EXTRA PROTECTIONS EXIST IN CERTAIN COUNTIES AND CITIES?

Certain cities and counties throughout California have passed their own local “Ban the Box” laws. Some of these local laws give more protection to job applicants with criminal records than the state law does. These local laws only protect you if you are applying for a job within that city or county.

The following cities and counties have local “Ban the Box” laws that provide EXTRA protection for applicants with records:

    San Francisco (city and county)—(see PG. 623)
    Richmond (city)—(see PG. 626)
    Los Angeles (city)—(see PG. 649)

The following cities and counties have local “Ban the Box” laws but they don't provide extra protection for applicants with records:

    Alameda County
    Berkeley
    Carson
    Compton
    East Palo Alto
    Oakland
    Pasadena
    Santa Clara County.[2055]

We will cover two current local laws in this Appendix: (1) the San Francisco Fair Chance Ordinance (SFFCO) and (2) the Richmond Ordinance. These laws are changing quickly, though, so you should regularly check the status of “Ban the Box” laws in your city and county to be sure you are up-to-date on current law.

Summary of California Ban the Box laws—State and Local[2056]

This chart summarizes state and local Ban-the-Box rules, as they apply to both public and private employers.

Which employers are covered?

When can an employer run a background check?

Does law require individualized consideration using EEOC criteria?

What are my rights if employer denies my application?

Private

Gov’t contractors & vendors

Public

Only for some positions

Only after conditional job offer or finalist

California (state law)

X

Alameda County

X

X

Berkeley

X

X

X

X

Carson

X

X

Compton

X

X

X

X

East Palo Alto

X

X

Los Angeles (city)

X

X

X

X

X

N/C/A*

Oakland

X

X

X

X

N/C/A*

Pasadena

X

Richmond

X

X

X

X

San Francisco (city and county)

X**

X**

X

X

X

N/C/A*

Santa Clara County

X

X

* N/C/A—Notice of intended adverse action before adverse action; Copy of background check report and opportunity to dispute contents or relevance before adverse action; right to Appeal denial of employment.**(Note: San Francisco has separate Ban-the-Box laws for public employers (city and county agencies) and private employers (SF Fair Chance Ordinance). The law for public employers only allows background checks for job position finalists, and requires individualized consideration using EEOC criteria. The law for private employers requires individualized consideration using EEOC criteria, requires employers to give you a copy of the background check report if they intend to take adverse action based on the results, and gives you the right to appeal any denial of employment.)

Appendix G
San Francisco Fair Chance Ordinance

If you are applying for a job with a company located in or doing business in the City or County of San Francisco, read this Appendix!

What is San Francisco’s local “Ban the Box” law called?

It is called San Francisco’s Fair Chance Ordinance (SFFCO). It went into effect on August 13, 2014.[2057]

Who does SFFCO apply to?

SFFCO applies to private employers with 20 or more employees[2058] and city contractors and subcontractors[2059] located or doing business in the City and County of San Francisco. It does not matter where the employees are physically located, as long as the employer is located in or doing business in San Francisco.

Can private employers in San Francisco have “blanket bans” against criminal records in a job ad or solicitation?

No. Employers cannot put “blanket bans” (like “no felons” or “no convictions”) in any job ad or solicitation. Ads cannot directly or indirectly express that individuals with a conviction history will not be considered for employment or cannot apply for a position with that employer. The employer MUST:

    State in any job ads or solicitations that it will consider applicants with criminal histories;
    Post in any workplace a notice of your rights as a job applicant or employee under the SFFCO. (This notice must be in the language(s) that the majority of the employees speak.)

WHAT can’t a private employer in san francisco ask me about my criminal record under SFFco?

A private employer in San Francisco may never ask about or consider:

    An arrest not leading to a conviction (except arrests that are still pending or unresolved).
    Participation in a diversion or deferral of judgment program. A diversion program (such as a drug rehabilitation program) helps a person charged with certain crimes avoid criminal charges—and therefore a criminal record.
    A conviction that has been sealed, dismissed, expunged, or made inoperative.
    Juvenile records.*
    A conviction more than 7 years old (based on the date of sentencing).*
    A criminal offense other than a felony/misdemeanor (for example, an infraction, which is a petty offense that usually comes with a ticket and small fine).[2060] *

NOTE: All records marked with a * indicate additions to the California state law protections described on PG. 558.

WHAT can a private employer in San Francisco ask me about my criminal record?

AFTER you are found to be qualified for the job, a live interview has been conducted, or a “conditional offer” of employment has been made, only then can a private employer in San Francisco ask about and consider information from your criminal record—it can only consider the following:

    Your conviction history from the last 0-7 years (based on date of sentencing)—so long as it is not one of the 6 things a private employer in San Francisco can NEVER ask about (listed above) and is directly related to your ability to do the job.
    Your pending or unresolved arrests—if directly related to your ability to do the job.[2061]

ADDITIONAL REQUIREMENT: If a private employer in San Francisco decides to ask about and consider your conviction history from 0-7 years ago or any pending/unresolved arrests, then the employer must also consider:

    Only “directly-related convictions”—those that directly and negatively relate to your ability to perform duties essential to the job. For example: Will the job give you an opportunity to commit the same crime? Are the factors that led to your crime likely to recur at this particular job? If not, then the employer cannot consider those convictions;
    The time that has passed since your conviction; AND
    Any evidence of errors in your record, your rehabilitation efforts, or other helpful information you offer. This would include things like:
    Completion of parole or probation;
    Recommendations from employers;
    Education or vocational training;
    Completion or active participation in rehabilitation programs;
    Letters of recommendation from organizations or individuals who have interacted with you since your conviction.

WHEN can a private employer in San Francisco ask about my criminal record? What does the process look like?

PHASE 1: At the beginning of the hiring process, a private employer located or doing business in San Francisco cannot ask about:

    Your conviction history — meaning the employer cannot ask about your criminal convictions on a job application form, during a job screening, in an informal conversation, or otherwise.
    Your pending or unresolved arrests, whether in a job application form, during a job screening, in an informal conversation, or otherwise.[2062]

PHASE 2: The employer must decide that you meet the minimum qualifications for the job, conduct a live interview, or make a conditional offer of employment before asking about or considering certain information in your criminal record.

PHASE 3: Before a private employer in San Francisco can about your convictions from 0-7 years ago or any unresolved arrests that directly relate to your ability to do the job, it must:

    Give you notice of the Fair Chance Ordinance; and
    Give you notice that follows the requirements of California state and U.S. federal laws governing employment background checks.

PHASE 4: Only AFTER a private employer in San Francisco has conducted a live interview or made a conditional offer of employment AND has given you all the required notice under federal law, state law, and the SFFCO law, can the employer use information in a background check report, ask about, and consider:

    Your conviction history from the last 0-7 years, if it is outside of the 6 things you can never ask about (discussed above) AND if it directly relates to your ability to do the job.
    Your pending or unresolved arrests, if they directly relate to your ability to do the job.[2063]

PHASE 5: Before a private employer in San Francisco fires, refuses to hire, chooses not to promote, or takes other action that harms you based on a conviction history from 0-7 years ago or an unresolved arrest, the employer must give the you an opportunity to present evidence that:

    The information is inaccurate;
    You have been rehabilitated, including letters of support and other evidence that you have:
    Satisfied and completed the terms of parole/probation;
    Received education and/or training;
    Participated in alcohol or drug treatment programs;
    Letters of recommendation;
    Been free of criminal behavior for a sufficient time period to have changed, based on your age at the time of the conviction; and
    All other mitigating factors that led to the conviction and explain or reduce the severity of your criminal behavior, including evidence of:
    Coercion (you were forced or threatened into doing the illegal act);
    Physical or emotional abuse (you were experiencing physical or emotional violence that led him/her to do the illegal act); and/or
    Untreated substance abuse/mental illness that contributed to the conviction (you were addicted to drugs or alcohol, or had a serious mental health issue, and had not received specialized health care treatment for one of those issues). [2064]

What if the employer still decides to not hire or promote me, fires me, or takes some other negative employment action against me?

Before the employer makes a final decision about any negative action against you, it must:

    Give you with a copy of the background check report that it based its decision on;
    Notify you that it intends to take negative action against you;
    Tell you why you were denied (what the exact issue was in your conviction history); and
    Give you 7 days to provide information about any errors in you report or your rehabilitation efforts.

What happens after the 7 days?

The employer may take a reasonable amount of time to reconsider your application in light of any additional information you have offered. It is recommended that you use that one-week period to be very proactive in clearing up information in your record, providing evidence of errors or rehabilitation, etc. If the employer still decides not to hire you based on your conviction history and all the information you have provided, it must give you final notice of its decision.

What You Can Do If An Employer Violated The San Francisco Fair Chance Ordinance (SFFCO):

What can I do if I think a San Francisco employer has violated the SFFCO?

You can report the violation to San Francisco’s Office of Labor Standards Enforcement (OSLE), and you have 60 days to do so. Call the OSLE office at (415) 554-5192. You can also email the office at fce@sfgov.org (see the OLSE website at: www.sfgov.org/olse/fco for more information).

Can the employer retaliate against me for reporting a violation to the OSLE?

No. An employer may not retaliate against you for exercising your legal rights or for cooperating with the Office of Labor Standards Enforcement (OSLE).

What happens when I report a violation?

First, San Francisco’s OLSE will investigate the employer. Second, if the OLSE finds a violation, it may “order any appropriate relief.” This usually means that the OLSE will give a warning or fine the employer:

    If it is the employer’s first violation, or if it occurs before August 13, 2015 (any time in the first year that the SFFCO law is in effect), the OLSE will issue a warning and give the employer a chance to change its policies.
    If there are additional violations after the first warning, the OLSE will begin fining the employer for each violation.
    If the employer refuses to comply in a timely manner, OLSE may refer the case to the City Attorney to file a civil action against the employer for relief.

Can OLSE force the employer to give me the job?

Probably not. In general, OLSE will NOT force an employer to hire someone, even if the employer violated the law by rejecting you for the job. However, OLSE has been very successful at resolving violations informally, simply by talking with the employer and applicant. For example, OLSE might ask the employer to reconsider your application, give you the opportunity to apply for another job, or let you submit a new application without prejudice.[2065]

Appendix H
City of Richmond, CA:
“Ban the Box” Ordinance

If you are applying to a job with a company located or doing business in the City of Richmond, read this!

What is the City of Richmond’s local “ban the box” ordinance?

It is a law (a city ordinance) that prevents certain types of employers—all contractors and subcontractors getting money from the City of Richmond, with at 10 or more full-time employees—from asking about criminal convictions in the initial job application.[2066]

What does the ordinance require/prohibit?

The Richmond “Ban the Box” law prohibits these types of employers (city-paid contractors and subcontractors) from asking any questions regarding prior criminal convictions on any printed or online employment application forms. The ordinance prohibits employers from making “any inquiry into an applicant’s conviction history.”[2067]

So an employer in Richmond can never ask about my conviction history?

Not exactly. There are exceptions:

Exception 1: The Richmond ordinance does not prohibit employers who are required by state or federal law to conduct background checks from looking into your conviction history.[2068]

Exception 2: The ordinance does not prohibit employers looking to fill “Sensitive Positions” from considering your conviction history. A “Sensitive” position is a position that has one or more of the following job characteristics:

    Regular unsupervised handling of large amounts of cash;
    Regular unsupervised handling of other people’s private, personal, and confidential information
    Regular unsupervised contact with children under 16;
    Regular unsupervised contact with the elderly or disabled;
    Regular unsupervised responsibility for operating a bus, taxi, or limousine used to transport the general public;
    Any position in a business that requires regular unsupervised entry into private premises;
    Any position in a business that involves unsupervised handling of hazardous substances.

When can an employer ask about my conviction history?

If the employer falls under one of the exceptions, the employer can only conduct a background check after determining you are otherwise qualified for the position AND after extending a conditional offer of employment to you.

How can an employer consider my conviction history?

An employer can only consider convictions that are “substantially job-related,” and must conduct an individualized assessment, considering: the amount of time that has elapsed since the conviction; and any evidence of rehabilitation or other mitigating circumstances.

What if the employer denies me a job because of my conviction history?

If an employer denies you a job because of a substantially job-related conviction, it must: give you a written notice of rejection, including how the conviction is related to the job; and give you the opportunity to correct any mistakes in your record and offer evidence of rehabilitation or other mitigating circumstances.

What can I do if an employer has violated the Richmond ordinance?

The most obvious violation of the ordinance is failure to remove all questions regarding criminal history on the initial job application. Although all employers must file a copy of their standard application with the city as part of the formal bidding process, mistakes can happen. If you think a covered employer in Richmond has violated the ordinance, contact the City Manager (Bill Lindsay at the time of publication):

450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Phone: (510) 620-6512
Fax: (510) 620-6542

What happens to an employer who violates the Richmond Ordinance?

Employers have 30 days from receiving the notice of a violation to comply with the ordinance. The Richmond City Manager also has the legal authority to fine employers, to suspend or terminate their lease or contract with the city, to deny future leases or contracts, or to order any other legal remedy available.

Appendix I
A Summary of Your Rights Under the
Fair Credit Reporting Act (FCRA)

Employers must give you this document with the Pre-Adverse Action letter before taking any adverse action against you based on the results of your background check.

See next page.

Macintosh HD:Users:Rachel:Google Drive:Law Practice:Legal Manual:R&R Legal Manual Chapters:Employment Chapter:APPENDIX MATERIALS:FRCA - Summary of Rights.pdfMacintosh HD:Users:Rachel:Google Drive:Law Practice:Legal Manual:R&R Legal Manual Chapters:Employment Chapter:APPENDIX MATERIALS:FCRA - Summary of Rights - 2.pdf
Appendix J
Civil Rights Law that Governs Employers’ Hiring Decisions: Title VII

This section will explain Title VII, which is the federal civil rights law that governs employers’ hiring and employment decisions related to your criminal record.

WHAT IS TITLE VII?

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination in employment on the basis of a person’s race, color, religion, sex, or national origin.[2069] Title VII protects the rights of employees AND job applicants against discrimination by employers.

WHAT EMPLOYERS HAVE TO FOLLOW TITLE VII RULES?

Title VII applies to all private and public employers with 15 or more employees. This includes federal, state, and local governments; private and public colleges and universities; employment agencies; and labor organizations (unions).[2070]

WHAT IS CONSIDERED A VIOLATION OF TITLE VII?

Title VII violations can occur in two situations: where there is disparate treatment (unequal treatment) OR where there is disparate impact (unequal impact).

Disparate Treatment Discrimination (Unequal Treatment):

An employer might be engaging in disparate treatment discrimination if they treat you and your criminal history differently than they treat other applicants with similar criminal records, because of your race, color, religion, sex, or national origin. For example, if an employer rejects a Black applicant based on his/her criminal record, but then hires a White applicant with similar qualifications and a similar criminal record, the employer is likely violating Title VII by illegally treating one person’s criminal history more negatively because of his/her race. Similarly, an employer may be violating Title VII if they only do background checks for Black or Latino applicants, but do not run background checks on White applicants for the same position.

Disparate Impact Discrimination (Unequal Impact):

An employer might be engaging in disparate impact discrimination if they have a policy of not hiring people with certain kinds of criminal histories, and that policy is more harmful to people of a certain race, color, religion, sex, or national origin. For example, employers who have a “blanket ban” policy that excludes all applicants with criminal records would cause greater harm to Black and Latino applicants, who are incarcerated at dramatically higher rates than people of other races in the United States. [2071] However, an employer may legally exclude certain job applicants based on their criminal history if the employer shows that doing so is necessary for the specific position and business.

Appendix K
Civil Rights Law that Governs Employers’ Hiring Decisions:
EEOC Enforcement Guidance

This section will explain the Equal Employment Opportunity Commission (EEOC) and the EEOC Enforcement Guidance. The EEOC is the federal government agency responsible for enforcing the civil rights of job applicants and employees. The EEOC Enforcement Guidance is a report that explains how and when employers can consider your criminal record when deciding whether to hire or fire you.

WHAT IS THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)?

The EEOC is a government agency that enforces Title VII and other civil rights laws that prohibit illegal discrimination against job applicants and employees. These laws protect you against unfair treatment based on your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.[2072] California law requires employers to fully follow all federal laws regarding how employers can consider your criminal history when hiring. This means that all employers must follow the EEOC guidelines, or else they have broken both federal and state law.[2073]

WHAT IS EEOC ENFORCEMENT GUIDANCE?

The EEOC investigates claims of discrimination by employers, and also issues special guidelines and “enforcement guidance” reports for employers to help them follow Title VII and other civil rights laws.[2074] The EEOC’s Enforcement Guidance is a report that describes how and when employers can use your criminal record to make employment decisions. The Enforcement Guidance says that—before making any negative decision based on your record, such as rejecting your job application—an employer must consider the nature of your conviction, the type of job you’ve applied for, and how much time has passed since the conviction.[2075] The employer should also consider your individual situation and give you a chance to explain yourself, including the circumstances of your conviction and why you would still be a good employee.[2076] However, the Enforcement Guidance does NOT have the same power as an actual law—it is basically a set of recommended rules for how employers should act and how courts should enforce the law. Courts should consider the Enforcement Guidance and may be persuaded to follow the EEOC’s recommendations, but they are not required to follow these rules.

To read the complete EEOC Enforcement Guidance, see http://www.eeoc.gov/laws/guidance/upload/arrest_conviction.pdf.

For more information about the EEOC Enforcement Guidance, see the following resources:

    What You Should Know About the EEOC and Arrest and Conviction Records—http://www.eeoc.gov/eeoc/newsroom/wysk/arrest_conviction_records.cfm
    Questions and Answers About the EEOC Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII— http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm

Note: The EEOC is a federal government agency and enforces federal civil rights laws. California also has a state agency, called the Department of Fair Employment and Housing (DFEH) that enforces state civil rights laws against discrimination. For more information on how to enforce your rights through the EEOC, see Appendix O, PG. 636. For more information on how to enforce your rights through California’s Department of Fair Employment and Housing (DFEH), see Appendix P, PG. 638.

Appendix L
List of Equal Employment Opportunity Commission (EEOC) Offices in California

You can contact any EEOC office to file a discrimination complaint or get additional information about your situation.

CONTACT INFORMATION FOR EEOC OFFICES IN CALIFORNIA

EEOC OFFICE

TELEPHONE/FAX

ADDRESS & HOURS

Fresno Local Office

Phone: 1-800-669-4000

Fax: 559-487-5053

TTY: 1-800-669-6820

2300 Tulare Street, Suite 215, Fresno, CA 93721

Office Hours: Monday to Friday from 8:30 a.m. to 5:00 p.m. Call first for information or to schedule an appointment with the Intake Officer.

Los Angeles District Office

Phone: 1-800-669-4000

Fax: 213-894-1118

TTY: 1-800-669-6820

Royal Federal Building—255 East Temple St., 4th Floor, Los Angeles, CA 90012

Office Hours: Monday-Friday from 8:00 a.m. to 4:30 p.m. You can speak to an intake person on a first come-first served basis. You may also call to request a pre-complaint questionnaire. The pre-complaint questionnaire will be mailed and a phone interview will be scheduled upon return of the completed questionnaire.

Oakland Local Office

Phone: 1-800-669-4000

Fax: 510-637-3235

TTY: 1-800-669-6820

1301 Clay Street, Suite 1170-N, Oakland, CA 94612-5217

Office Hours: Monday—Friday from 8:00 a.m. to 4:30 p.m. Call first for information or schedule an appointment. Walk-in services are available on a first come, first served basis on Tuesdays and Thursdays.

San Diego Local Office

Phone: 1-800-669-4000

Fax: 619-557-7274

TTY: 1-800-669-6820

555 West Beech Street, Suite 504, San Diego, CA 92101

Office Hours: Monday—Friday from 8:30am to 5:00pm. Call first for information or to schedule an appointment with the Intake Officer.

San Francisco District Office

Phone: 1-800-669-4000

Fax: 415-522-3415

VP: 510-735-8909 (Deaf/HoH callers only)

450 Golden Gate Avenue, 5 West, P.O Box 36025, San Francisco, CA 94102-3661

Office Hours: Monday—Friday from 8:00 a.m. to 4:30 p.m. walk-in services available on Tuesdays and Thursdays from 8:30-3 p.m. Call first for information. The office sees the public on a walk-in basis and no appointment is necessary.

San Jose Local Office

Phone: 1-800-669-4000

Fax: 408-291-4539

TTY: 1-800-669-6820

96 N. Third St., Suite 250, San Jose, CA 95112

Office Hours: Monday—Friday from 8:00 a.m. to 4:00 p.m. Call first for information or to schedule an appointment.

Appendix M
List of Dept. of Fair Employment & Housing (DFEH) Offices in California

General DFEH Contact Information:

    By telephone—call the DFEH Communication Center at (800) 884-1684
    Online—http://www.dfeh.ca.gov/Contact.htm
    By email— send you inquiry to: contact.center@dfeh.ca.gov

See Appendix P, PG. 638, for a complete explanation of the DFEH complaint process.

CONTACT INFORMATION FOR DFEH OFFICES IN CALIFORNIA

DFEH OFFICE

ADDRESS

Bakersfield

4800 Stockdale Highway, Suite 215

Bakersfield, CA 93309

Los Angeles

320 West 4th Street, 10th Floor

Los Angeles, CA 90013

Bay Area Regional Office

39141 Civic Center Drive, Suite 250

Fremont, CA 94538

Fresno

1277 E. Alluvial Avenue, Suite 101

Fresno, CA 93720

Elk Grove

2218 Kausen Drive, Suite 100

Elk Grove, CA 95758

Appendix N
California Department of Fair Employment and Housing (DFEH):
“Pre-Complaint Inquiry” Form

To begin the process of filing a discrimination complaint with the California Department of Fair Employment & Housing (DFEH), you must fill out and return the DFEH “Pre-Complaint Inquiry” form to any DFEH office.

Get a copy of the “Pre-Complaint Inquiry” form in one of the following ways:

    By Telephone: Call the DFEH Communication Center at (800) 884-1684
    Online—http://houdiniesq.net/dfeh/intake/
    By Email—Email your Pre-Complaint Inquiry form to contact.center@dfeh.ca.gov.

Then send the completed “Pre-Complaint Inquiry” form to a DFEH office. There is a full list of DFEH offices in California in Appendix M, PG. 634.

NOTE: Please see Appendix P, PG. 638 for a complete explanation of the DFEH complaint process.

Appendix O
Equal Employment Opportunity Commission (EEOC) Complaint Process

This section will explain the process for filing a discrimination complaint with the federal EEOC (Equal Employment Opportunity Commission).

Filing a Complaint.

The process begins when you contact the EEOC and file a formal complaint, called a "Charge of Discrimination," following the steps described in the previous question. When you file your complaint, the EEOC will give you a copy of the complaint, along with your charge number (which is the number used to identify your case).

Notice to the Employer & Mediation.

Within 10 days, the EEOC will also send a notice and a copy of the charge to the employer. The EEOC may ask both you and the employer to agree to participate in mediation, which is an informal way of trying to resolve the problem instead of filing a lawsuit.

What happens in mediation? Mediation is an informal way for people to resolve problems with the help of a neutral person (a mediator) who is trained to help people discuss their differences. If you and the employer agree to mediation, the mediator will try to help you both reach a voluntary resolution (settlement agreement). The mediator does not decide who is right or wrong or make a decision about your complaint. Instead, the mediator helps you and the employer work out your own solution to the problem.

Everything that happens in mediation is confidential and free. Mediation can also be a faster way of resolving the dispute, since it usually takes less than 3 months to settle a complaint through mediation. If you and the employer cannot reach an agreement, the EEOC will continue to investigate your case just like any other.[2077]

Employer’s Response.

If your case is not sent to mediation, or if mediation doesn’t resolve the problem, the EEOC will ask the employer to respond (submit a written answer) to your complaint, and answer any questions that the EEOC has about your complaint. Then your complaint will be given to an EEOC investigator for investigation.[2078]

Investigation.

How the EEOC investigates a complaint depends on the specific facts of your case and the kinds of information that will be helpful. In some cases, an EEOC representative may visit the employer, interview other employees or witnesses, gather documents, and/or take other steps to find out whether the employer committed illegal discrimination. The EEOC may also interview you again, or ask you for other documents or information—so it’s very important to cooperate and keep in touch!

How long will the investigation take? How long the investigation takes depends on a lot of different things, including the amount of information that the EEOC needs to get and evaluate. It may take up to 6 months or longer to investigate a charge.[2079]

What if the employer refuses to cooperate with the investigation? If an employer refuses to cooperate with an EEOC investigation, the EEOC can issue a subpoena (legal order) that requires the employer to turn over documents and information and/or answer legal questions, and allows the EEOC to enter the employer’s facilities.

Decision.

After the investigation is completed, the EEOC will issue a decision, and let you and the employer know the results. The decision will say either:

    NO CAUSE—meaning the EEOC did NOT find any evidence that the employer illegally discriminated against you; or
    REASONABLE CAUSE—meaning the EEOC thinks the employer DID illegally discriminate against you.

Your Options After the EEOC Decision.

Depending on what the EEOC decision says, these are your options:

    NO CAUSE decision—If the EEOC does NOT find that the employer illegally discriminated against you, it will send you a Right-to-Sue notice. This notice allows you to file a lawsuit in court against the employer on your own. (However, it may be difficult to win in court without the EEOC’s support.) You must file a lawsuit within 90 days (approximately 3 months) of receiving the Right-to-Sue Notice; otherwise it will be too late.
    REASONABLE CAUSE decision—If the EEOC finds that the employer DID illegally discriminate against you, it will first try to reach a voluntary settlement (called “conciliation”) with the employer. Conciliation usually means that the employer agrees to pay you to cover the harm from the discrimination.
    If the EEOC can’t reach a settlement with the employer, the EEOC’s lawyers may decide to file a lawsuit against the employer on your behalf. If the EEOC decides not to file a lawsuit, it will give you a Right-to-Sue notice, which allows you to file a lawsuit against the employer on your own. You must file a lawsuit within 90 days (approximately 3 months) of receiving the Right-to-Sue Notice; otherwise it will be too late.[2080]

This chart summarizes what happens at the end of an EEOC investigation:

EEOC Decision

What it means

What happens next

What your options are

No cause

EEOC does NOT think that the employer illegally discriminated against you

EEOC gives you Right-to-Sue notice

You can file a lawsuit against the employer, but you only have 90 days

Reasonable cause

EEOC thinks the employer DID illegally discriminate against you

1) EEOC tries to settle with employer.

2) If they can’t settle:

> EEOC files lawsuit against employer; OR

> EEOC gives you Right-to-Sue notice

If EEOC does NOT settle and does NOT file a lawsuit, you can file a lawsuit against the employer. You must file the lawsuit within 90 days of receiving the Right-to-Sue notice.

Appendix P
California Department of Fair Employment and Housing (DFEH) Complaint Process

This section will explain the process for filing a discrimination complaint with the California DFEH (Department of Fair Employment & Housing).[2081]The DFEH complaint process is very similar to the EEOC process, and can even happen at the same time.

Report Discrimination.

The DFEH process begins when you contact the DFEH to report the discrimination and file a “Pre-Complaint Inquiry.” You can do this by mail, by phone, or online:

    Mail: Fill out a Pre-Complaint Inquiry form and mail it to any local DFEH office. A listing of local DFEH offices can be found in Appendix M, PG. 634.[2082]
    Phone: Call the DFEH Communication Center at (800) 884-1684. If you have a hearing impairment, call 800-884-1684 or TTY at (800) 700-2320 for service.
    Online: Use the DFEH’s online system (available at http://esq5.houdiniesq.com/dfeh/intake/), or email the Pre-Complaint Inquiry form to contact.center@dfeh.ca.gov.

Filing an Official Complaint.

Within 10 days, a DFEH investigator will contact you to conduct an intake interview, in order to learn more about your situation and the possible discrimination. The investigator will decide whether state and federal civil rights laws cover your situation.

If the DFEH accepts your complaint, the investigator will type up an official complaint for you to sign. If the DFEH does NOT accept your complaint, it does not mean that you weren’t treated unfairly—only that your situation is not covered by the civil rights laws that the DFEH enforces.

Can I go straight to court and file a lawsuit on my own?

Under California law (just like Title VII), you must first file a complaint with DFEH before you can go to court (this is called “exhausting your administrative remedies”).[2083] However, once you file your complaint, you can ask the DFEH for a Right-to-Sue notice right away, which allows you to file a lawsuit in court on your own. Once you receive a Right-to-Sue notice, you have only 1 year to file your lawsuit in court.[2084]

IMPORTANT: If you request a Right-to-Sue notice, the DFEH will close your case and will NOT investigate further (even if you later decide not to file a lawsuit). Therefore, it is recommended that you only request a Right-to-Sue notice if you have a lawyer to represent you in court.[2085]

Employer’s Response.

The DFEH will give a copy of your complaint to the employer. The employer must respond to the complaint, and has the opportunity to voluntarily resolve the problem now or at any time during the rest of the case. The DFEH will also file a copy of your complaint with the EEOC if it looks like Title VII covers your complaint.[2086]

Investigation.

The DFEH will investigate your complaint. The investigation may include conducting interviews with people and gathering documents or other information. The DFEH must complete its investigation within 1 year from the date when you filed your official complaint. Before the DFEH notifies you of the results of the investigation, it will give you and the employer the chance to voluntarily resolve the problem by reaching an agreement through informal negotiations (“mediation” or “conciliation”).

After the Investigation.

Depending on what the DFEH finds during its investigation, this is what will happen next:

    If the investigation shows that the employer DID violate the law, the DFEH will try to resolve the complaint through “conciliation” (voluntary agreement) with the employer (see Step 6).
    If the investigation shows that the employer did NOT violate the law, the DFEH will close your case and give you a Right-to-Sue notice. The Right-to-Sue notice allows you to file a lawsuit in court against the employer on your own.

Conciliation.

During conciliation, the DFEH will attempt to resolve your complaint by reaching a voluntary settlement agreement with the employer. (This is just like what happens in the EEOC complaint process, after the EEOC makes a Reasonable Cause decision.)

Possible Litigation.

If the DFEH cannot reach an agreement with the employer, it may decide to file a lawsuit against the employer on your behalf. If the DFEH does not file a lawsuit against the employer, it will give you a Right-to-Sue notice that allows you to file a lawsuit in court on your own.[2087]

Appendix Q
Professional/Occupational Licensing—Appeals Process

This section will give you an overview of the appeals process if the licensing board denies your application for a professional or occupational license.

Note: Each licensing agency is different! This is just a general overview to prepare you for what the process is like, but it will be slightly different in every situation.

Notice.

If a licensing board decides to deny your license, it must notify you in one of the following ways:[2088]

    Statement of Issues: The board files and serves you with a formal written statement of the board’s decision to deny you a license. It must specify any rules or statutes that you are not in compliance with, and the facts that authorize the denial. The statement of issues initiates a formal hearing on the matter;[2089] or
    Informal notice of denial: The board serves you with a written notice of denial, but does not file the notice with the court. The notice must state: the reason for the denial and your right to request a hearing on the denial.[2090]

Notice of Defense or Request for a Hearing

    Notice of Defense: If the board files and serves you with a formal statement of issues, you have 15 days to file what is called a “Notice of Defense” with the board, which means you want a formal hearing on the matter. If you do not file a Notice of Defense (or file it late, past the 15 days allowed), you will give up your right to a hearing (called a “default”). The licensing board can take whatever action it pleases, which is usually the harshest, i.e. denial of your license, and you can’t challenge it. (Note: a licensing board has discretion to allow/honor late notices and to grant a hearing after a default, but chances are slim.) Typically a generic notice of default “postcard” is included with the statement. This is the easiest way to preserve your right. The notice of defense need only contain your address and signature to be sufficient.[2091]
    Written Request for a Hearing: If the board does not file a formal statement of issues, but instead sends you an informal notice of denial, you have 60 days to file a written request for a hearing with the board.

Stipulated Settlement.

In many cases, you can resolve your case before by agreeing to a voluntary settlement (called a “stipulated settlement”) with the licensing board. A stipulated settlement is sort of like a plea bargain—you admit to doing something wrong, and you agree to accept a certain amount of punishment from the board. Often this means that you will get your license on a conditional basis for a certain amount of time (a “probation” period).

You will have to meet certain requirements—such as participating in counseling or other behavioral programs, taking specific classes or exams, having your work monitored by a supervisor, getting drug tested, completing community service, and/or temporary suspension—during the probation period.[2092] If you complete all the requirements, you can get your full license back. If you do NOT complete the requirements, the board can revoke your license.[2093]

A stipulated settlement can be complicated, so it is recommended to have a lawyer represent you. You may be able to negotiate certain parts of the settlement agreement—such as what wrongdoing you will admit to; what conditions you will have to complete during the probation period; and how much you will have to pay in recovery costs to get your license. If you reach this point, you should think about what issues are most important to you—for example, whether you want the shortest possible probation, or to pay the smallest amount, or to avoid admitting certain wrongdoing.[2094]

The Formal Hearing.

If you don’t reach a stipulated settlement with the licensing board, you will have a formal administrative hearing. An administrative hearing is somewhat like a trial. There will be a judge and a court reporter. The board will be represented either by in-house counsel (its own attorney) or the California Attorney General (like a prosecutor for the entire state). You are allowed to have an attorney also, but you are not entitled to one, so you will have to pay for your attorney yourself. Both sides will present evidence, put on witnesses (if necessary), and make arguments. [2095]

The Decision.

After the case is presented, the administrative law judge (ALJ) will issue an advisory decision within about 30 days.[2096]

Appendix R
Alternatives to Traditional Employment: Self-Employment &
Starting Your Own Business

Many non-profit organizations and government agencies now offer assistance to individuals who want to start their own business. Some of these organizations specifically focus on helping people with criminal records to start their own businesses.

Here are just a few examples—you can also contact the U.S. Small Business Administration to ask about other resources in your area:

    **Project ReMADE—Stanford Law School
    Email: team@ProjectReMADE.org
    Online: http://projectremade.org/
    **Defy Ventures
    Email: recruiting@defyventures.org
    Online: http://defyventures.org/take-action/become-a-student/
    **Ready, Willing & Able
    345 E 102nd St #305
    New York NY 10028
    Online: http://www.doe.org/programs/ready-willing-able
    Legal Services for Entrepreneurs—Lawyers Committee for Civil Rights
    Clinics in San Francisco, Oakland, and the Bay Area
    Telephone: (415) 543-9444 extension 217
    Email: lse@lccr.com
    Online: http://www.lccr.com/get-help/economic-justice-legal-services-for-entrepreneurs-lse/
    Renaissance Entrepreneurship Center
    Locations in San Francisco, Richmond, East Palo Alto, and San Rafael
    Telephone: 415-541-8580
    Email: info@rencenter.org
    Online: http://www.rencenter.org/
    SCORE (English and Spanish services available)
    Locations and workshops throughout California, as well as personal mentoring and online resources:
    Locations—https://www.score.org/chapter-list
    Events—https://www.score.org/localworkshops?loclatlong=California%2C+USA&lt=0&ln=0
    Mentoring—https://www.score.org/mentors
    Online: https://www.score.org/
    U.S. Small Business Administration (SBA)—Small Business Development Centers
    Locations and events throughout California: https://www.sba.gov/tools/local-assistance/map/filter/789c2b2e492c49b57276b4b2323736b500002434042b

** (special programs for people with criminal records)

HELPFUL HINTGetting Funding for a Small Business

Some organizations and government agencies provide money to small businesses and people trying to start their own business. Sometimes the funding is through grants—money that you do NOT have to repay, but generally must use in a certain way related to the business. More often, the funding is through loans—money that you DO have to repay (usually with interest) in the future.Unfortunately, it can be difficult to get loans depending on your conviction record. One place to start is the U.S. Small Business Administration, which is planning to change its policy to allow people on probation or parole to be eligible for microloans of up to $50,000.[2097] However, you may still be denied if you’ve been convicted of a felony “crime of moral turpitude” (i.e., involving violence or dishonesty).[2098] For this reason, it may be helpful to contact one of the entrepreneurship programs listed to see if they have suggestions or resources to find funding.

Appendix S
Alternatives to Traditional Employment: Becoming an Independent Contractor

If you’re considering working as an independent contractor, or if you want to know more about the difference between an independent contractor and a traditional employee, you should read this section to understand your rights and responsibilities!

EMPLOYEES VS. INDEPENDENT CONTRACTORS—WHAT’s the DIFFERENCE?

In some cases, an employer may claim that they are hiring you as an independent contractor—NOT as a regular employee. Employers like to do this this because it means they have fewer responsibilities, and you have fewer rights, if you are an independent contractor—and often they will misclassify you in order to avoid following the law! For this reason, it’s important that you know the difference so that you don’t get exploited!

In general, you are an employee (NOT an independent contractor) if the following are true:

    The employer decides what tasks and assignments you do and directs your work;
    The employer controls how, where, and when you do your work;
    The employer supervises your work, and you’re required to follow their instructions;
    The employer trains you in how to do your work;
    The employer provides you with any necessary equipment, tools, and other materials;
    The work you do is a regular and necessary part of the employer’s business—not just a side activity;
    The employer sets your hours and pays you a set wage or salary;
    The employer has the right to fire you—and you have the right to quit—at any time.[2099]

In addition, the law generally presumes that you are an employee—and NOT an independent contractor—unless specific factors show otherwise.[2100]

IMPORTANT: Whether you are an employee or an independent contractor depends on the specific details of your work situation and your relationship with the employer—NOT on what the employer calls you!

WHAT ARE MY RIGHTS AS AN EMPLOYEE (VS. AN INDEPENDENT CONTRACTOR)?

As an employee, you have the right to be paid minimum wage and overtime, receive meal periods and rest breaks, and get reimbursed by the employer for any work-related expenses (such as purchasing a required uniform). You also have the right to receive workers compensation insurance, unemployment insurance, disability insurance, and social security, and the employer is required withhold payroll taxes (which are taken out of your paycheck) and send these payments to the government.

WHAT ARE MY RESPONSIBILITIES AS AN INDEPENDENT CONTRACTOR (VS. an EMPLOYEE)?

On the other hand, if you are an independent contractor, you are NOT protected by minimum wage, overtime, and other labor laws. In addition, you have certain responsibilities—like filing self-employment taxes and reporting certain business information to the government—that you must follow. For more information about the legal responsibilities of an independent contractor, visit the EDD website on independent contractor reporting at http://www.edd.ca.gov/payroll_taxes/faq_-_california_independent_contractor_reporting.htm#Whohastoreport.

WHAT CAN I DO IF I THINK AN EMPLOYER HAS VIOLATED MY RIGHTS AS AN EMPLOYEE OR WRONGLY CLASSIFIED ME AS AN INDEPENDENT CONTRACTOR?

The California Division of Labor Standards Enforcement (DLSE) is the state agency responsible for enforcing your rights in the workplace. If you think an employer has violated your rights as an employee, wrongly classified you as an independent contractor, and/or for more information, you can contact your local DLSE office and speak with Deputy Labor Commissioner. To find a local DLSE office near you, go to http://www.dir.ca.gov/dlse/DistrictOffices.htm or call 1-844-LABOR-DIR (1-844-522-6734) for assistance.

For more information about your rights in the workplace, contact The Legal Aid Society—Employment Law Center’s Workers Rights Clinic at 415-864-8208 (San Francisco Bay Area) or 866-864-8208 (toll free in CA). Or contact a local legal aid or employment attorney in your area.

Helpful ResourcesFor more information on employees and independent contracts, try these helpful resources:

Appendix T
Employment Rights for People with Disabilities: Exceptions Where an Employer Does Not Have to Provide a Reasonable Accommodation to an Employee

There are 3 situations where an employer is NOT required to provide a reasonable accommodation for your disability: the “Undue Hardship” exception, the “Direct Threat” exception, and the exception for when the employer shows you CANNOT safely perform essential job functions. This section explains each exception.

(1) UNDUE HARDSHIP

An employer does NOT have to provide a reasonable accommodation that would cause an "undue hardship" to the employer. There is no single definition of “undue hardship”—it is a case-by-case question that depends on the type of accommodation you’re requesting and the employer’s particular situation—e.g., what type of business it is, how many employees, the employer’s financial situation, etc. In general, however, an undue hardship means that the accommodation you want would be too expensive or difficult for the employer make, or would have a significant impact on the employer’s business, or would be too disruptive to the business or to the work of other employees.

However, an employer CANNOT claim undue hardship based on employees' (or customers') fears or prejudices about your disability (e.g., fears or prejudices about people with past addictions or mental health issues). Also, an employer CANNOT claim that other employees would be upset about giving you an accommodation. Finally, an employer CANNOT claim that making an accommodation—for example, hiring someone with a criminal conviction—would cause their insurance premiums to go up.[2101]

Important: Even if an employer can show that the particular accommodation you asked for would cause undue hardship, the employer may still have to provide a different accommodation if there is some other type of accommodation that would also be effective and would NOT cause a hardship.[2102]

(2) DIRECT THREAT

The law does not require that an employer give you reasonable accommodations for your disability if you would pose a significant danger to the health or safety of yourself or others AND there is NO possible reasonable accommodation that would remove or reduce the risk of harm.[2103]

There are some protections for you if an employer is arguing that you would be a direct threat to other employees, customers or property:

    First, an employer must first make an individualized assessment of you and whether you can safely perform the essential functions of the job.[2104]
    Second, an employer can only reject you if you pose a significant risk of harm to others and there is a high likelihood that you will harm someone due to your condition.[2105]
    Third, in deciding whether your conditions creates a significant risk of harm, the employer must consider your individual situation and history of substance/alcohol abuse—for example, whether you have a history of harmful behavior due to your addiction—and CANNOT simply go on assumptions or statistics about people who suffer from substance/alcohol addiction and their likelihood of relapse.[2106]
    Fourth, the employer’s evaluation must rely on the most current medical knowledge and the best available objective evidence—NOT simply stereotypes, fears, or assumptions about people with mental illness, addiction, or other disabilities.[2107]

(3) CANNOT SAFELY PERFORM ESSENTIAL JOB FUNCTIONS.

Finally, an employer is NOT required to provide reasonable accommodations if they can show that you are unable to safely perform essential job functions—in other words, you are not qualified for the job—even with a reasonable accommodation.[2108] However, an employer can only make this argument based on the specific requirements of the job position you are seeking (not general requirements for other types of jobs), and if there are NO reasonable accommodations that could enable you to do the work.[2109]

Appendix U
Employment Rights for People with Disabilities: Requesting a Reasonable Accommodation for Your Disability

If an employer’s hiring/employment policy causes your job application to be rejected (or causes other adverse action against you) based on a conviction that was caused by your disability, you have the right to request a “reasonable accommodation” so that you can be considered for the job just like other applicants.

To request an accommodation, the law only requires you to tell the employer that you need an accommodation for a reason related to a medical condition. You do NOT have to put your request in writing, and you do NOT have to use any special legal language—you can explain your request in normal words. You can request an accommodation at any time during the job application process or after you begin working.[2110]

HOWEVER, because it is generally believed that employers are less likely to be sympathetic and less willing to change policies regarding criminal convictions (even where the conviction was caused by your disability), it is recommended that you give the employer a WRITTEN LETTER requesting the reasonable accommodation. (Be sure to make a photocopy for yourself before sending the letter). This will make it more difficult for the employer to ignore your request, and you will have documentation in case the employer denies it.

It’s recommended that your letter clearly include ALL of the following:

    Explain that you have a disability, and what that disability is.
    Include any documentation of your disability and treatment.
    Clearly state the accommodation you are requesting (for example, that you are asking the employer to make an exception to the hiring policy that would exclude you due to a criminal conviction that was caused by your disability, or you are asking for time off to attend treatment).
    Explain the reason that you are requesting the accommodation:
    Here, you could say that an exception from criminal history policy is NECESSARY to give you an equal opportunity to participate in the job.
    Explain the connection (meaning the relationship or “nexus”) between the requested accommodation and your disability.
    Explain how your criminal conduct was the result of the mental illness and/or past substance abuse (for example, state that you were convicted of drug possession because you were addicted to drugs, but you have successfully completed rehab).
    It is helpful and more persuasive if you have a doctor or service provider submit a letter explaining why your disability requires a reasonable accommodation.

For a sample letter requesting reasonable accommodation for a disability, see Appendix U, PG. 648.

Appendix V
Employment Rights for People with Disabilities: Sample Letter Requesting Reasonable Accommodation

Here is a sample letter to request a reasonable accommodation for your disability. This particular letter shows an example of how to request a change in policy (for example, asking the employer to make an exception to their hiring policy regarding prior criminal convictions), for a job applicant whose conviction was caused by his/her disability (i.e., prior substance abuse that led to a drug conviction).

For sample letters to request other types of reasonable accommodations (including changes in work schedule, equipment and physical spaces, and time off from work), visit Legal Aid Society Employment Law Center at https://las-elc.org/sample-letters-and-forms.

TO: [Name of Human Resources director, supervisor, or manager]

FROM: [Your name]

RE: Request for Reasonable Accommodation

DATE: [Today’s date]

Dear [Name]:

This is a request for reasonable accommodation under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). If you are not the appropriate person to receive this request, please notify me immediately, and forward this letter on to the person who handles requests for reasonable accommodation.

I am a person with a “disability” under state and federal laws. My condition is: [state the name or a description of your condition using language you feel comfortable with—see below for additional information]. Due to my disability, I am requesting the following modification of workplace policy: [describe what change in workplace policy or rule you want and how it relates to your disability—see examples below].

According to the ADA and the federal Equal Employment Opportunity Commission (EEOC), modified policies are a form of reasonable accommodation. See 42 U.S.C. § 12111(9)(B) and the section entitled “Modified Workplace Policies” in EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, both available at www.eeoc.gov.

Please let me know if you require reasonable medical documentation of my condition, or if you wish to propose alternative accommodations to those I have requested. I am ready and willing to engage in the interactive process with you so that I may continue in my employment.

Thank you.

Sincerely

[Your signature]

[Your name]

ADDITIONAL INFORMATION ABOUT DESCRIBING YOUR DISABILITY:

If your disability is prior substance abuse, you should make clear that you are no longer using illegal drugs, and explain what rehabilitation or treatment you have received for your disability.EXAMPLES OF CHANGES IN WORKPLACE POLICIES OR RULES, AND HOW THEY MAY RELATE TO A DISABILITY:

Appendix W
LA Fair Chance Initiative for Hiring

If you are applying to a job with a company located or doing business in the City of Los Angeles, or with a company that contracts with the City of Los Angeles, read this section!

What is the LA Fair chance INitiative?

It is a new “Ban the Box” law that passed in Los Angeles in December 2016.[2111]

What does the ordinance require/prohibit?

Starting January 22, 2017, most private sector employers that are doing business in the City of Los Angeles and that employ 10 or more people cannot ask about an applicant’s criminal history until they have already made a conditional offer of employment [2112] Los Angeles also has separate regulations that apply to private contractors and subcontractors doing business with the City of Los Angeles.[2113] The new rules for contractors and subcontractors are generally the same as the ones for private employers.

So an employer in Los Angeles can never ask about my conviction history at the Beginning of the Job Application Process?

Although that is generally true, there are few exceptions. An employer is allowed to ask about your conviction history at the start of the application process in the following circumstances:

    when the employer is required by law to obtain information regarding an applicant’s criminal convictions;
    when the applicant will be required to possess or use a firearm in the course of his/her employment;
    when the applicant is prohibited by law from holding the position sought due to a conviction, regardless of whether the conviction has been expunged, sealed, eradicated, or dismissed; or
    when the employer is prohibited by law from hiring an applicant who has been convicted of a crime.[2114]

When can an employer ask about my conviction history?

Unless one of the above exceptions applies, the employer can only conduct a background check after deciding you are otherwise qualified for the position AND after extending a conditional offer of employment to you.

How can an employer consider my conviction history?

An employer can only consider convictions that are “substantially job-related,” and must conduct an individualized assessment, considering: the amount of time that has elapsed since the conviction; and any evidence of rehabilitation or other mitigating circumstances.

What if the employer denies me a job because of my conviction history?

If an employer denies you the job, they must: give you a written notice of rejection that includes an individualized assessment of how the conviction is related to the job and give you copies of any documentation they used in making the decision. You then have the right to a “Fair Chance Process.” The employer must hold the job open for at least five days from the date they rescinded the offer to give you a chance to submit documentation regarding the accuracy of your criminal history and any evidence of mitigating factors. The employer is required to review any documentation you provide and reassess their decision.[2115]

What can I do if an employer has violated the Los Angeles Fair Chance Initiative?

You can submit a complaint form to the Los Angeles Office of Wage Standards (OWS) to start an investigation.[2116]

What happens to an employer who violates the Fair CHance Initiative?

Prior to July 1, 2017, employers who violate the Fair Chance Initiative will receive a written warning. Starting July 1,2017, the employers can be assessed fines that start at $500 for the first offense, up to $2000 for the third and subsequent violations.[2117] The Fair Chance Initiative also allows applicants/employees to bring civil actions against employers.[2118]

  1. 2044

    Electronic communication from Mary Weaver, Executive Director, Friends Outside in Los Angeles County, Jan. 29, 2015; electronic communication from Mario Rodriguez, South Bay Workforce Investment Board, Jan. 29, 2015.

  2. 2045

    Jails to Jobs, Interview Tips, http://jailstojobs.org/html/interview_tips.html.

  3. 2046

    Jails to Jobs, After the Interview, http://jailstojobs.org/html/after_interview.html.

  4. 2047

    Calif. Employer Advisory Council, EDD Fidelity Bonding Program—An Employment Incentive, http://ceac.org/employers/ask_the_edd_expert/edd_fidelity_bonding_program/.

  5. 2048

    See Cal. Employment Development Department, Attention All Job Seekers (2013), http://www.edd.ca.gov/pdf_pub_ctr/de8401.pdf for a complete listing of acceptable documents.

  6. 2049

    There is an EDD office locator available online. Calif. Employment Development Dep’t, Office Locator, http://www.edd.ca.gov/office_locator/.

  7. 2050

    Telephone call with Gil Barkley, (backup) State Bonding Coordinator, EDD, Feb. 17, 2015. The EDD will also want to make sure that the employer is not simply exploiting you for free insurance coverage and then getting rid of you after the first 6 months of free coverage is over.

  8. 2051

    Telephone call with Maria Alexander and Mary Weaver, Friends Outside in Los Angeles County, Jan. 21, 2015.

  9. 2052

    Telephone call with Gil Barkley, (backup) State Bonding Coordinator, EDD, Feb. 17, 2015.

  10. 2053

    To find offices in your area, visit the EDD website at http://www.edd.ca.gov/Office_Locator/ and select “America’s Job Center of California (formerly known as One-Stop Career Centers).”

  11. 2054

    Cal. Lab. Code § 432.9(a).

  12. 2055

    NELP, Ban the Box: U.S. Cities Counties, and States Adopt Fair Hiring Policies to Reduce Unfair Barriers to Employment of People with Criminal Records, at 1, 62.

  13. 2056

    NELP, Ban the Box Resource Guide at 18-46, 62.

  14. 2057

    S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance.

  15. 2058

    S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance.

  16. 2059

    S.F. Admin. Code § 12T.

  17. 2060

    S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance.

  18. 2061

    S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance.

  19. 2062

    S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance.

  20. 2063

    S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance.

  21. 2064

    S.F. Police Code, Art. 49, San Francisco’s Fair Chance Ordinance.

  22. 2065

    Telephone call with Donna Mandel, Compliance Officer, SF Office of Labor Standards (Feb. 20, 2015). In addition, the law has an unfortunate loophole that allows employers to lawfully reject an applicant if the conviction is “directly-related” the position, and OLSE has NO authority to judge or enforce what qualifies as a “directly-related conviction.” S.F. Police Code §§ 4904(f), 4909(a)(1) (San Francisco’s Fair Chance Ordinance, effective Aug. 13, 2014).

  23. 2066

    Municipal Code of the City of Richmond, Article II, Chapter 2.65.010.

  24. 2067

    Municipal Code of the City of Richmond, Article II, Chapter 2.65.040.

  25. 2068

    Municipal Code of the City of Richmond, Article II, Chapter 2.65.

  26. 2069

    42 U.S.C. § 2000e-2.

  27. 2070

    42 U.S.C. § 2000e-2.

  28. 2071

    EEOC, Enforcement Guidance at § V(A)(2). See also Green v. Missouri Pac. R. Co., 523 F.2d 1290, 1298 (8th Cir. 1975).

  29. 2072

    42 U.S.C. § 2000e-4.

  30. 2073

    Cal. Gov’t Code § 12940 et seq. See also, e.g., Rodriguez v. Airborne Express, 265 F.3d 890, 902 n.4 (9th Cir. 2001) (“[Courts] may look to federal authority regarding Title VII and similar civil rights statutes when interpreting analogous statutory provisions of [California’s Fair Employment & Housing Act].”).

  31. 2074

    42 U.S.C. § 2000e-4.

  32. 2075

    EEOC Enforcement Guidance at § V(B)(6).

  33. 2076

    EEOC Enforcement Guidance at § V(B)(9).

  34. 2077

    EEOC, Mediation, http://www.eeoc.gov/employees/mediation.cfm.

  35. 2078

    EEOC, The Charge Handling Process, http://www.eeoc.gov/employees/process.cfm.

  36. 2079

    EEOC, The Charge Handling Process, http://www.eeoc.gov/employees/process.cfm.

  37. 2080

    EEOC, The Charge Handling Process, http://www.eeoc.gov/employees/process.cfm.

  38. 2081

    Cal. Gov’t Code § 12960 et seq. See also DFEH, Complaint Process, http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm; DFEH, Employment Complaint Process, http://www.dfeh.ca.gov/Complaints_eCompProc.htm.

  39. 2082

    The form is also available at http://www.dfeh.ca.gov/res/docs/PCI/Pre Complaint Inquiry—Employment.pdf.

  40. 2083

    Cal. Gov’t Code § 12965(b).

  41. 2084

    You must file the lawsuit within one year from the date on the Right-to-Sue notice, NOT from when you actually receive the notice. See Hall v Goodwill Industries of Southern Cal., 193 Cal. App. 4th 718 (2011).

  42. 2085

    DFEH, Instructions to Obtain a Right-to-Sue Notice, http://www.dfeh.ca.gov/res/docs/Complaints/Right to Sue form (3 pages).pdf.

  43. 2086

    In most cases, state and federal civil rights laws are very similar, so any discrimination would violate both California state law and federal Title VII. In these situations, the DFEH will also file your complaint with the EEOC. However, there are some situations where California law provides MORE protection than federal law, so certain behavior by an employer would only violate state law but NOT Title VII. In these situations, the DFEH will investigate your complaint on its own, but will not file a copy of the complaint with the EEOC.

  44. 2087

    Cal. Gov’t Code § 12965(b).

  45. 2088

    Cal. Bus. & Prof. Code § 485(a).

  46. 2089

    Cal. Gov’t Code § 11504.

  47. 2090

    Cal. Bus. & Prof. Code § 485(b).

  48. 2091

    Cal. Gov’t Code § 11506(d).

  49. 2092

    See, e.g., In the Matter of the Accusation Against: Bertha Sandoval Arroyo, Case No. DBC 2008-85, available at http://www.dbc.ca.gov/public/rda54530_20090827_stip.pdf; In the Matter of: Robert Sal Buchberger, Case No. 2000-151, available at http://rn.ca.gov/public/rn471462.pdf; In the Matter of the Accusation Against: Elizabeth Oberholtzer, Case No. 1D 2009 67851, available at http://www.ptbc.ca.gov/consumers/enforcement/oberholtzer_stip.pdf; In the Matter of the Accusation Against: Kenneth E. Roberson, Ph.D., Case No. 1F-2007-182250, available at http://www.psychboard.ca.gov/public/psy11958_2010_07_27_dec.pdf.pdf.

  50. 2093

    You will have the right to notice and a hearing before the board revokes your license.

  51. 2094

    See Suzanne Taylor, Cal. Dept. of Consumer Affairs—Board of Psychology, What Are Stipulated Settlements, http://www.psychology.ca.gov/consumers/settlements.shtml. Frederick M. Ray, The Stipulated Settlement, California License Law Blog, http://www.californialicenselawblog.com/tags/stipulated-settlement/.

  52. 2095

    Cal. Gov’t Code § 11500 et seq.

  53. 2096

    See Frederick M. Ray, FAQs about California Licensing Matters, http://www.calicenselaw.com/Frequently-Asked-Questions.aspx.

  54. 2097

    79 C.F.R. § 14617.

  55. 2098

    13 C.F.R. § 120.110(n).

  56. 2099

    Cal. Lab. Code §§ 3351-53.

  57. 2100

    Cal. Lab. Code § 3357.

  58. 2101

    See Cal. Dep’t of Fair Employment and Housing, Employment Discrimination Based on Disability, http://www.dfeh.ca.gov/res/docs/Publications/Brochures/2015/DFEH-184.pdf.

  59. 2102

    EEOC, Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, No. 915.002 (Oct. 17, 2002).

  60. 2103

    42 U.S.C. § 12111(3). See also Cal. Dep’t of Fair Employment and Housing, Employment Discrimination Based on Disability, http://www.dfeh.ca.gov/res/docs/Publications/Brochures/2015/DFEH-184.pdf. The ADA permits employers to require, as a job qualification, that an individual not “pose a direct threat to the health or safety of other individuals in the workplace.” Moreover, an employer may impose such a requirement even if an employer’s reliance on such a qualification might “screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability.” 42 U.S.C. § 12113(a)-(b).

  61. 2104

    29 C.F.R. § 1630.2(r). The employer must consider factors including: the duration of the risk; the nature and severity of the potential harm; the likelihood that the potential harm will occur; and the imminence of the potential harm.

  62. 2105

    29 C.F.R. § 1630.2(r). See also EEOC, EEOC Technical Assistance Manual on the ADA, § 8.7. An employer may not deny employment to someone with a disability “merely because of a slightly increased risk. The risk can only be considered when it poses a significant risk, i.e., high probability of substantial harm; a speculative or remote risk is insufficient.”

  63. 2106

    See EEOC, EEOC Technical Assistance Manual on the ADA, § 8.7. “An employer cannot prove a ‘high probability’ of substantial harm simply by referring to statistics indicating the likelihood that addicts or alcoholics in general have a specific probability of suffering a relapse. A showing of ‘significant risk of substantial harm’ must be based upon an assessment of the particular individual and his/her history of substance abuse and the specific nature of the job to be performed.”

  64. 2107

    29 C.F.R. § 1630.2(r).

  65. 2108

    Cal. Gov’t Code § 12940(a)(1)-(2).

  66. 2109

    See Cal. Dep’t of Fair Employment and Housing, Disability Discrimination and Reasonable Accommodation, http://www.dfeh.ca.gov/res/docs/ppt/Disability%20Discrimination%20and%20Reasonable%20Accommodation%20pc%202-5-13.ppt.

  67. 2110

    EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, No. 915.002, Oct. 17, 2002.

  68. 2111

    .Los Angeles Municipal Code, Article 9 § 189.

  69. 2112

    .Los Angeles Municipal Code, Article 9 § 189.02.

  70. 2113

    Los Angeles Municipal Code, Article 22 § 10.48.

  71. 2114

    Los Angeles Municipal Code, Article 9 § 189.07.

  72. 2115

    Los Angeles Municipal Code, Article 9 § 189.03(B).

  73. 2116

    See http://bca.lacity.org/for more information and to download a copy of the complaint form.

  74. 2117

    Los Angeles Municipal Code, Article 9 § 189.10.

  75. 2118

    Los Angeles Municipal Code, Article 9 § 189.08.