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No, employers cannot use information found on the Megan’s Law website, which lists sex offenders. Megan’s List was designed to be used by parents to alert them to home addresses in their neighborhood where registered sex offenders resided. It never was intended for, nor should it be used by, employers for employment purposes.
In California according to Penal Code Section 290.46 (l)(2)(E), use of this information for employment purposes is prohibited.
In addition, California places restrictions on obtaining and using conviction history. Such information can never be obtained before a conditional offer of employment. Even after a conditional job offer, specific requirements must be met, including notifying the prospective employee who is screened out based on a criminal conviction and giving the prospective employee an opportunity to respond. There are exceptions for specific jobs that require criminal background checks by law.
There are stiff penalties for an employer that uses Megan's Law information as indicated in Penal Code Section 290.46 (l)(4)(A):
“(4)(A) Any use of information disclosed pursuant to this section… shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorney’s fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).”
Employers who believe they need to obtain this information due to the nature of the jobs they are recruiting for should consult with their legal counsel.
You can find more information in the Obtaining Criminal History section of the HR Library.