Sex Offender Registry

Understanding California Penal Code Section 290.46: Employment and the Sex Offender Registry

Introduction:

California Penal Code Section 290.46 safeguards individuals on the Sex Offender Registry from discriminatory practices in employment. This law prohibits employers from utilizing an individual’s registration status or the fact that their name appears on the Sex Offender Registry for any purpose related to employment. In this content page, we delve into the details of California Penal Code Section 290.46, exploring its purpose, implications, and the rights it provides for individuals with a registered sex offender status.

Section 290.46 Explained:

California Penal Code Section 290.46, often referred to as “Employment and the Sex Offender Registry,” sets clear guidelines for employers regarding the use of sex offender registration information in employment-related matters. Here are the key aspects to understand:

Prohibition of Discrimination:

Section 290.46 explicitly prohibits employers from using an individual’s registration status on the Sex Offender Registry as a basis for discriminatory actions or decisions related to employment. This includes hiring, firing, promotions, demotions, and other aspects of employment.

Privacy and Confidentiality:

The law emphasizes the need for maintaining privacy and confidentiality for individuals registered on the Sex Offender Registry. Employers are prohibited from disclosing or sharing an employee’s or job applicant’s registration status with others, except as required by law or authorized by the registered individual.

Exceptions:

While Section 290.46 restricts the use of sex offender registration information for employment purposes, it does allow certain exceptions. Employers may still conduct background checks and consider relevant criminal convictions or other legally permissible factors when making employment decisions. However, they cannot solely rely on an individual’s registration status as the determining factor.

Implications and Protections:

California Penal Code Section 290.46 provides important implications and protections for individuals on the Sex Offender Registry:

Equal Employment Opportunities:

The law ensures that individuals with a registered sex offender status have equal opportunities in the job market. Employers cannot discriminate against them solely based on their registration status, allowing for a fair chance at employment and reintegration into society.

Protection against Stigmatization:

By prohibiting the use of registration status for employment purposes, Section 290.46 helps protect registered individuals from unnecessary stigmatization and discrimination in the workplace. This protection promotes their successful rehabilitation and reduces the risk of social isolation.

Confidentiality and Privacy:

The law emphasizes the importance of maintaining the privacy and confidentiality of individuals on the Sex Offender Registry. Employers are required to handle this sensitive information with utmost care, ensuring it is not disclosed or used inappropriately.

Compliance and Enforcement:

Employers should familiarize themselves with California Penal Code Section 290.46 to ensure compliance. It is crucial to establish policies and practices that align with the law, including proper handling of background checks, maintaining confidentiality, and avoiding discriminatory practices. Violations of Section 290.46 can result in legal consequences, including civil liability.

Conclusion:

California Penal Code Section 290.46 plays a vital role in protecting the employment rights of individuals on the Sex Offender Registry. By prohibiting the use of registration status for employment purposes and emphasizing privacy and confidentiality, this law ensures fair treatment and equal opportunities. Employers must understand their obligations under Section 290.46 and implement policies that comply with its provisions, fostering a more inclusive and just work environment.

Call the employment lawyers at Nassiri Law Group today to discuss your employment situation and to determine if your employer has violated section 290.46. Remember that California Penal Code § 290.46(j)(2)(E) prohibits a California employer’s use of the fact that a person’s name appears on the Sex Offender Registry for any purpose relating to employment.

Our firm has represented clients who have had their Job offers rescinded after a background check found sex offender status in violation of Cal. Penal Code § 290.46. We fight for client’s rights to have a fair chance at employment. Call us today to discuss your case. (949) 375-4734. Nassiri Law, wrongful termination attorneys.