This spring, Berkeley Lab will join the University of California (UC) in implementing California Senate Bill (SB) 791 and Assembly Bill (AB) 810, which require final job candidates for positions at California State University (CSU), UC, and community college districts to disclose certain types of past misconduct. Berkeley Lab’s participation in this process supports UC’s commitment to maintaining, building, and supporting an inclusive, healthy, and safe working environment.
Berkeley Lab will maintain a confidential record of all misconduct disclosures and related paperwork, and will only notify hiring managers of the final decision.
What is SB 791?
SB 791 requires final candidates to disclose any final administrative or judicial decisions within the past seven years that found them responsible for sexual harassment. Candidates may also indicate if they have appealed such a decision.
What is AB 810?
AB 810 expands the scope of misconduct beyond sexual harassment to include harassment, discrimination, unethical behavior, and other forms of misconduct. It also requires final candidates to sign a waiver allowing Berkeley Lab to contact prior employers for verification.
Positions affected
These requirements apply to final candidates for recruited and non-recruited positions who accept a conditional offer of employment, including represented and non-represented positions and student positions. Internal Berkeley Lab candidates are excluded.
Additional review for current or former UC employees
For current or former UC employees, Berkeley Lab will review any notice of allegation(s) connected to an ongoing administrative or disciplinary proceeding involving misconduct at the individual’s current or former UC location.
Changes to the recruitment process
Berkeley Lab’s hiring process will include the below steps. Hiring managers will need to account for possible additional time to address situations of candidates with disclosed or discovered misconduct.
- A notification for the Misconduct Disclosure requirement will be included in all Berkeley Lab job postings and offer letters.
- Applicable final candidates for recruited and non-recruited positions will be required to complete a misconduct disclosure form.
- Applicable final candidates may be required to sign a release form authorizing Berkeley Lab to request information from their current or former employer(s) regarding disclosed misconduct.
