Construction Contractors Bidding on State Contracts Must Now “Ban the Box”; New Federal Law Barring Discrimination Based on Sexual Orientation Effective on April 8As a result of California’s Fair Chance Employment Act, construction contractors making bids on state contracts must now certify they have eliminated the box on employment applications that inquire whether or not an applicant has ever been convicted of a crime.

This new law, which went into effect on January 1, 2015, requires that any person or entity submitted a bid to the state on a contract that involves onsite construction-related services must certify that they will not require a potential employee during the initial application process to disclose in writing or orally if they have every been convicted of a crime.

The new law does not apply to any position that requires a state or federally mandated criminal background check. It also does not apply to anyone who obtains workers from a hiring hall pursuant to a bona fide collective bargaining agreement.

On April 8, 2015, a new rule prohibiting discrimination based on sexual orientation or gender identity will go into effect for all federal contractors and subcontractors. The Office of Federal Contract Compliance Programs finalized the rule in December 2014, which implements Executive Order 13672 signed by President Obama in July 2014.

The new rule amends EO 11246 that prohibits discrimination by federal contractors and subcontractors on the basis of race, color, religion, sex, and national origin. The phrase “sex or national origin” has been amended to read, ““sex, sexual orientation, gender identity, or national origin.”

The attorneys at Glass & Goldberg in California provide high quality, cost-effective legal services and advice for clients in all aspects of commercial compliance, business litigation and transactional law. Call us at (818) 888-2220, send an email inquiry to or visit us online at to learn more about the firm and to sign up for future newsletters.

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