California 20252026 Regular Session Status: Introduced 2 D cosponsors

AB 2095 — Employment discrimination: conviction history.

Last action — Ordered to inactive file at the request of Assembly Member Lee.

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Assembly. Introduced February 18, 2026. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Stalled 30% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • Introduced

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill limits when employers can consider an applicant's conviction history in hiring decisions.

This bill outlines new rules for employers regarding the use of conviction history when hiring. It requires employers to conduct a detailed assessment before denying employment based on an applicant's past convictions.

What this means for you
  • Workers: This means that workers with conviction histories might have better chances of being hired, as employers must justify any denial based on such histories.
  • Small Business: Small businesses will need to adjust their hiring practices to comply with the new rules regarding conviction history assessments.

Summary

Existing law, the California Fair Employment and Housing Act, except as specified, makes it an unlawful employment practice for an employer with 5 or more employees to include on any application for employment, before the employer makes a conditional offer of employment to the applicant, any question that seeks the disclosure of an applicant's conviction history, to consider the conviction history of the applicant until after the employer has made a conditional offer of employment to the applicant, or to distribute information about an arrest not followed by conviction, referral to or participation in a pretrial or posttrial diversion program, or convictions that have been sealed, dismissed, expunged, or statutorily eradicated or any conviction for which the convicted person has received a full pardon or has been issued a certificate of rehabilitation while conducting a conviction history background check in connection with an application for employment, as specified. This bill would define the term "conviction or arrest record," for these purposes. The bill would include among those things that it is unlawful for an employer with 5 or more employees to do while conducting a conviction history background check in connection with an application for employment, asking any question that directly or indirectly seeks consent for a conviction history background check or requesting consent for or beginning a conviction history background check before providing the applicant with a list of all essential job duties, requiring a job applicant to cover the cost of a conviction history background check, or requiring any time before or after the conditional job offer, that an applicant self-disclose conviction history or provide the employer with any documentary evidence related to conviction history or rehabilitation, as specified. Existing law requires an employer that intends to deny an applicant a position of employment solely or in part because of the applicant's conviction history to make an individualized assessment of whether the applicant's conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position considering specified factors. This bill, instead, would prohibit an employer from denying an applicant a position of employment or taking any other adverse action solely or in part because of the applicant's conviction history unless the employer first, reasonably and in good faith, demonstrates via an individualized assessment, that the applicant's conviction history has a direct and adverse relationship with the specific duties of the job that justifies denying the applicant the position and it complies with a specified process. The bill would require the employer to commit the results of the individualized assessment to writing if it makes a decision to deny a position of employment or takes any adverse action. The bill would specify that it is not an adverse action for an employer to temporarily suspend an employee, with pay and for a reasonable amount of time, while the employer complies with the requirements of these provisions. Existing law makes these provisions inapplicable to a position as a farm labor contractor, as specified or to a position where an employer or agent thereof is required by any state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history. This bill would remove the exemption for farm labor contractors.

Bill Text

Action History

  1. Ordered to inactive file at the request of Assembly Member Lee.

  2. Read second time. Ordered to third reading.

  3. Read second time and amended. Ordered returned to second reading.

  4. From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.) (May 14).

  5. In committee: Set, first hearing. Referred to APPR. suspense file.

  6. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 14). Re-referred to Com. on APPR.

  7. Coauthors revised.

  8. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 8). Re-referred to Com. on JUD.

  9. Referred to Coms. on L. & E. and JUD.

  10. From printer. May be heard in committee March 21.

  11. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 8 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended.

Passed 11 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 11000
Republican 0400
Total 11400
% of votes cast 73%27%0%0%
How each member voted (15)
Member Party Vote
Aguiar-Curry, Cecilia M. Democratic Yea
Calderon, Lisa Democratic Yea
Caloza, Jessica Democratic Yea
Fong, Mike Democratic Yea
González, Mark Democratic Yea
Krell, Maggy Democratic Yea
Pacheco, Blanca Democratic Yea
Pellerin, Gail Democratic Yea
Sharp-Collins, LaShae Democratic Yea
Solache, Jr., José Luis Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Nay
Hoover, Josh Republican Nay
Ta, Tri Republican Nay
Tangipa, David J. Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 7 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 7002
Republican 0300
Total 7302
% of votes cast 58%25%0%17%
How each member voted (12)
Member Party Vote
Bauer-Kahan, Rebecca Democratic Not Voting
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Harabedian, John Democratic Yea
Kalra, Ash Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Not Voting
Stefani, Catherine Democratic Yea
Zbur, Rick Chavez Democratic Yea
Dixon, Diane Republican Nay
Macedo, Alexandra Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2095 do?
Existing law, the California Fair Employment and Housing Act, except as specified, makes it an unlawful employment practice for an employer with 5 or more employees to include on any application for employment, before the employer makes a conditional offer of employment to the applicant, any question that seeks the disclosure of an applicant's conviction history, to consider the conviction history of the applicant until after the employer has made a conditional offer of employment to the applicant, or to distribute information about an arrest not followed by conviction, referral to or participation in a pretrial or posttrial diversion program, or convictions that have been sealed, dismissed, expunged, or statutorily eradicated or any conviction for which the convicted person has received a full pardon or has been issued a certificate of rehabilitation while conducting a conviction history background check in connection with an application for employment, as specified. This bill would define the term "conviction or arrest record," for these purposes. The bill would include among those things that it is unlawful for an employer with 5 or more employees to do while conducting a conviction history background check in connection with an application for employment, asking any question that directly or indirectly seeks consent for a conviction history background check or requesting consent for or beginning a conviction history background check before providing the applicant with a list of all essential job duties, requiring a job applicant to cover the cost of a conviction history background check, or requiring any time before or after the conditional job offer, that an applicant self-disclose conviction history or provide the employer with any documentary evidence related to conviction history or rehabilitation, as specified. Existing law requires an employer that intends to deny an applicant a position of employment solely or in part because of the applicant's conviction history to make an individualized assessment of whether the applicant's conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position considering specified factors. This bill, instead, would prohibit an employer from denying an applicant a position of employment or taking any other adverse action solely or in part because of the applicant's conviction history unless the employer first, reasonably and in good faith, demonstrates via an individualized assessment, that the applicant's conviction history has a direct and adverse relationship with the specific duties of the job that justifies denying the applicant the position and it complies with a specified process. The bill would require the employer to commit the results of the individualized assessment to writing if it makes a decision to deny a position of employment or takes any adverse action. The bill would specify that it is not an adverse action for an employer to temporarily suspend an employee, with pay and for a reasonable amount of time, while the employer complies with the requirements of these provisions. Existing law makes these provisions inapplicable to a position as a farm labor contractor, as specified or to a position where an employer or agent thereof is required by any state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history. This bill would remove the exemption for farm labor contractors.
Who sponsors AB 2095?
AB 2095 is sponsored by Kalra, Ash (Democratic) and Lee, Alex (Democratic).
What is the current status of AB 2095?
This bill has been introduced in the Assembly. Introduced February 18, 2026. It must pass committee before a floor vote.
Where can I track AB 2095?
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