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Criminal History Questions on Employee Applications Can Lead to Class Action Heartache

MSK Client Alert
February 2004

Kathleen D. Poole Section 432.7 of the California Labor Code prohibits employers in most circumstances from asking job applicants about arrests that did not result in conviction. However, a recent spate of class-action lawsuits invites attention to another Labor Code provision that also prohibits employers from asking job applicants about certain marijuana-related convictions.

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