This Law Firm Publication by Davis Wright Tremaine discusses new regulations issued by the California Fair Employment and Housing Council (FEHC) addressing existing California law restrictions on an employer's ability to make employment decisions based on an applicant's or employee's criminal history. The new regulations require an employer to rebut an employee's initial showing that the employer's consideration of criminal history has an adverse impact on protected groups. The employer must show that its policy of considering criminal history is job-related and consistent with business necessity, taking into account specific factors outlined in the regulation. Even if an employer makes this showing, an employee or applicant can still have a valid FEHA claim by showing that a less discriminatory alternative existed. The new regulations are scheduled to take effect on July 1, 2017.