Implementation of New California State Laws: SB 791 and AB 810

Dear Colleagues,

I am writing to inform you about two new pieces of legislation recently signed into California state law, which will impact our hiring processes at the University.

Senate Bill (SB) 791

On October 7, 2023, Governor Newsom signed SB 791 into law, which mandates the following actions:

  1. All finalists must disclose any final administrative or judicial decisions issued within the last seven years from the date of application that determines they committed sexual harassment.
  2. All finalists are permitted to disclose if they have filed an appeal with their previous employer, administrative agency, or court.

Assembly Bill (AB) 810

On September 27, 2024, Governor Newsom signed AB 810 into law, which expands upon SB 791, with additional requirements:

  1. The disclosure requirement is expanded to include other violations of misconduct: all forms of harassment, assault, discrimination, dishonesty, or unethical conduct.
  2. All finalists must sign a release form that authorizes their previous employers to release information regarding any substantiated allegations of misconduct to the University.
  3. The University will make reasonable attempts to obtain such information from previous employers for finalists of Professor and Professor of Teaching positions (all-ranks).

The University will apply these requirements to incoming employees and volunteers during defined stages of the hiring process.

Implementation

Starting January 1, 2025, the campus will implement the following requirements:

  1. Misconduct Disclosure Questionnaire and Authorization to Release Form: It will be the responsibility of the hiring units to provide this questionnaire and release form to their identified finalists and must receive clearance from the Office of Academic Personnel prior to proceeding with a formal recommendation for appointment. 
  2. Institutional Reference Checks: The Office of Academic Personnel will use the signed release form to reasonably attempt to obtain information from previous employers for finalists of Professor and Professor of Teaching positions (all-ranks).  For all other academic finalists whose questionnaire contains affirmative response(s), the University may seek additional information.

More detailed information will be provided by our office this week regarding the implementation of this new legislation.

Thank you for your attention to these important updates.

Gillian R. Hayes
Vice Provost for Academic Personnel
Robert A. and Barbara L. Kleist Professor of Informatics