New State Bills Require Additional Information From Final Candidates
SB 791 and AB 810 require disclosures related to past sexual harassment and misconduct decisions
Two state bills that go into effect Jan. 1, 2025 will require final job candidates to disclose specific information as part of the job application process.
- Senate Bill 791 (SB 791) is a California law that requires finalist candidates for academic or administrative positions at California State University (CSU), the University of California (UC), and community college districts to disclose any final administrative or judicial decisions that determine sexual harassment occurred within the last seven years. It permits applicants to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.
- Assembly Bill 810 (AB 810) expands the definition of misconduct to include all incidents (e.g. harassment, discrimination, unethical behavior, etc.), whereas SB 791 only included sexual harassment/sexual violence. This bill also requires a waiver from all final applicants, so that UC can make reasonable attempts to follow up with the previous institution where any reported incidents occurred. AB 810 includes special impacts for academic populations, applicable to specific leadership positions.
Implementation for staff and academic populations is effective Jan. 1, 2025 systemwide, and UCSF will begin including a Misconduct Disclosure Questionnaire as part of the background check process for staff populations. Personnel Policies for Staff Members (PPSM) 21- Selection and Appointment, is anticipated to be updated in January 2025 to reflect new state legal requirements for these bills.
For Academic populations, Academic Shared Services will be collecting disclosure forms. Contingency language regarding the misconduct disclosure questionnaire will also be added to job offer letters. For more information and FAQ’s, refer to the Office of Faculty and Academic Affairs website.
ACTION: Managers are asked to share this information with their department leadership and be aware that job seekers/candidates will be required to provide additional information. Given that the procedures for these bills are new, impact on new employee start dates is unknown.
Questions about this article? Contact Shared Services