Is it true that fiduciaries may discriminate based on prior convictions and incarcerations?

The assertion that fiduciaries may discriminate based on prior convictions and incarcerations is false. Under California law, particularly in the context of employment and professional opportunities, there are guidelines and protections that limit the ability of employers, including fiduciaries, to discriminate against individuals based solely on their criminal history.

California has specific regulations in place, such as the Fair Employment and Housing Act (FEHA), which prohibits discrimination based on various factors including certain types of criminal convictions, especially those that are older or not relevant to the job. This means that while a fiduciary may consider relevant convictions, they cannot broadly discriminate against individuals simply for having a past conviction or incarceration, particularly if it does not directly relate to their ability to perform their job duties effectively.

Understanding this protection emphasizes the broader commitment to reintegrating individuals into society, advocating for fair employment practices, and acknowledging that past mistakes should not indefinitely hinder a person's opportunities, particularly in roles that require a high level of trust and responsibility, such as fiduciary positions.