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 confidential process supports UC’s commitment to maintaining, building, and supporting an inclusive, healthy, and safe working environment.
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 pre-adverse and/or adverse actions for 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.
Policy 30-Day Comment Period
The Terms and Conditions of Employment policy will be updated to include a misconduct disclosure provision. Additional policy edits are being made regarding background checks, including changes related to access authorizations.
Summary of policy changes:
- Employment Eligibility
- Adding Berkeley Lab access authorization provision
- Background Check
- Background check section updated to align with UC policy
- Types of background checks broadened to include Lab specific access authorizations
- Misconduct Disclosure
- Adding language to align with UC policy
Employees may view a draft revision of the policy and provide comments on this Google form. The employee comment period ends on May 19, 2026.
