Can I terminate an employee for being on Megan's List?

In California, convicted sex offenders are required to register their place of residence and any changes they make for the rest of their life. This information is available to the public under a registry known as Megan's List.

Protections in Law

Employers may not be able to use that information to terminate employment due to the protections granted under Penal Code Section 290.46.

The relevant portion quoted below prevents an employer from using that information for employment purposes:

(1) Except as authorized under paragraph (2) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:

• (A) Health insurance;
• (B) Insurance;
• (C) Loans;
• (D) Credit;
• (E) Employment;
• (F) Education, scholarships or fellowships;
• (G) Housing or accommodations; and
• (H) Benefits, privileges or services provided by any business establishment.

Factors to Consider

Given this protection, it is essential that an employer evaluate the employee in light of the realities of the workplace. Factors to consider include:

• The business that the employer is in (for example, child care or preschool);
• Whether the employee may be working where children may be present (for example, service work performed in customer homes);
• Whether the employee will be working independently or unsupervised;
• Whether the employee will be in a trusted position (for example, security or maintenance).

In any difficult situation involving termination decisions, consult your employment law attorney.​​