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New Fair Hiring Laws: What You Need to Know

Person holding employment application at desk

In October 2017, two key legislations—Assembly Bills AB 168 and AB 1008—were signed into law affecting California employers and prompting the university to change its hiring practices. 

Effective January 1, 2018, AB 168 aims to narrow the gender pay gap by prohibiting employers from seeking salary history information about an applicant for employment. AB 1008, also referred to as “ban the box,” precludes asking about criminal conviction history on an employment application. This law provides job applicants with prior conviction history a fair chance to obtain employment.

To ensure the university is compliant, University Human Resources evaluated current hiring practices and worked quickly to update systems, procedures and tools.

Key Changes to Our Hiring Practices

Managers who recruit and hire full-time benefitted or temporary staff should be aware of the new hiring practices and procedures. Here’s a summary of the key changes: 

Salary History (AB 168)

  • We can no longer ask about an applicant’s salary history, therefore, job applications no longer include questions requesting this information. If you are using an application that includes salary questions, please contact your HR Manager for an updated application.
  • We cannot use salary history when determining whether to offer employment or what salary to offer (unless voluntarily provided).
  • If an applicant voluntarily discloses salary history without prompting, we may consider that information to determine the salary for that applicant along with other factors in setting a salary offer.
  • Upon request, we must provide the pay scale for the position to which an applicant applied.

‘Ban the Box’ (AB 1008)

  • University employment applications no longer include questions requesting an applicant’s criminal history. If you are using an application that includes these questions, please contact your HR Manager for an updated application.
  • We cannot inquire into or consider an applicant’s conviction history until the applicant has received a conditional employment offer.
  • We may initiate background checks only after we make a written conditional offer of employment.

Available Tools & Resources

To support managers in adopting these changes, we’ve created tools and resources that ensure we are in compliance with these new laws. Visit the Recruit & Hire section on the Cardinal at Work website.

Hiring managers are also encouraged to work with their local Human Resources office for additional tools and resources.

Upcoming Fair Hiring Information Sessions

To learn more about new laws and updates to hiring practices, register to attend an upcoming information session. Both sessions are also available via Zoom video conferencing.

Date: Wednesday, January 17, 2018

Time: 11:30 am - 1:00 pm
Location: CERAS 101, Graduate School of Education, 520 Galvez Mall

Date: Thursday, January 18, 2018

Time:  11:30 am - 1:00 pm
Location: Pacific Ocean Conference Room, 3160 Porter Drive

Register on STARS

For additional questions regarding AB 1008 and AB 168, contact

Manage & Lead