Effective January 22, 2017, the Los Angeles Fair Chance Initiative for Hiring Ordinance will ban private employers from asking about an applicant’s criminal history or conducting a criminal background check until after extending a conditional offer that is only conditioned on the result of the check.
The Ordinance applies to any private employer that employs at least 10 people who perform at least two hours of work each week within the boundaries of the City of Los Angeles. Exceptions include employers who are required by law to obtain an applicant’s convictions, or those who are prohibited by law to hire an individual convicted of a crime.
Banned Hiring Practices
The Ordinance is one of the strongest fair chance hiring laws in the nation, stating that an Employer shall not:
Employer Assessment of Criminal History
Notice and Posting Requirements
An employer must state in all advertisements that it will consider qualified applicants with criminal histories in a manner consistent with the requirements of the Ordinance. Employers also must post a notice informing applicants of the provisions of the Ordinance in a “conspicuous place at every workplace, job site or other location in the City under the employer’s control and visited by employment applicants.” Employers must also send a copy of the notice to each labor union with which they have a collective bargaining agreement covering employees located in the City.
Employers must retain all records and documents related to applications, written assessments, and reassessments performed pursuant to the Ordinance for three years following the receipt of a job application.
Enforcement and Penalties
Civil enforcement can be brought after applicant or employee has reported the violation to the Designated Administrative Agency (DAA), which must be done within one year of the alleged violation. At that time, the administrative process must be completed or a hearing officer’s decision must be rendered, whichever is later.
In terms of administrative enforcement, penalties and administrative fines for an employer violation can be up to $500 for the first violation, up to $1,000 for the second violation and up to $2,000 for the third and subsequent violations. Penalties and fines will not apply until July 1, 2017. Prior to July 1, 2017, the DAA will issue written warnings to employers that violate the Ordinance.
Recommended Actions in Preparation for January 22, 2017
To help ensure Ban the Box compliance, contact a CARCO Specialist at 1-866-557-5984 or click here.
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