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Preemployment screening and testing: California

This guide provides HR professionals with an overview of California laws governing background checks and other forms of preemployment screening and testing, including fair chance laws, credit checks, drug and alcohol testing, physical fitness and medical testing, and privacy considerations.

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by Anthony J. Oncidi, Natalie A. Rainforth and Adam W. G. Freed, Proskauer Rose LLP

Summary

This guide provides HR professionals with an overview of California laws related to background checks and other forms of preemployment screening and testing, including ban the box laws, fair chance laws, credit check laws, preemployment drug testing, physical fitness and medical testing.

In this guide, learn about:

  • Background checks
    • Negligent hiring
    • Education and employment verifications
  • Criminal background screening
    • Ban the box and fair chance laws
    • Mandatory criminal background checks
    • Sealed criminal records
  • Credit checks
  • Employment eligibility verification
  • Drug and alcohol testing
    • Medical marijuana
    • Recreational marijuana
  • Medical and physical fitness testing
    • HIV and AIDS testing
    • Genetic testing
  • Aptitude and ability testing
  • Social media and internet searches
  • Polygraph tests
  • Other types of screening
  • Local requirements
    • Compton requirements
    • Los Angeles requirements
    • Los Angeles County requirements
    • Richmond requirements
    • San Diego County requirements
    • San Francisco requirements
  • Future developments

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Jurisdiction: California

Latest updates

Updated to reflect regulations under the Fair Employment and Housing Act addressing the use of automated decision systems, effective October 1, 2025.

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