California’s new fair housing regulations to further impact use of criminal background checks

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Regulations interpreting the reasonable accommodation and disparate impact discrimination provisions of the California Fair Employment and Housing Act take effect at the beginning of the new year.  

The “disparate impact” impact regulations specifically address how a plaintiff would make a disparate impact claim based on the discriminatory use of criminal background checks.  The approach of the regulations is similar to the “Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions” issued by the U.S. Department of Housing and Urban Development in 2016. 

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