Navigating the New Los Angeles County Fair Chance Ordinance for Employers

Compliance

Navigating the New Los Angeles County Fair Chance Ordinance for Employers

August 9, 2024
Michael Kendrick
Approx. Read Time: 3 Minutes
Updated on August 9, 2024

Understanding the New LA County Fair Chance Ordinance. Cisive.

Always consult with legal counsel to navigate the nuances of employment laws and protect your business interests.

As we approach the effective date of the new Los Angeles County Fair Chance Ordinance (FCO) for Employers on September 3, 2024, it’s crucial for HR, recruiting, and talent acquisition professionals to understand the implications and ensure compliance. While numerous legal advisories and marketing materials are circulating, it's important to cut through the noise and focus on the core aspects of this ordinance and how it might impact your hiring processes.

Understanding the Los Angeles County Fair Chance Ordinance

The Los Angeles County Fair Chance Ordinance was adopted to enhance the protections and rights for individuals with criminal histories seeking employment in the unincorporated areas of the county. This ordinance builds upon the existing California Fair Chance Act, also known as the "Ban-the-Box" law, which has been in effect since 2018. While the state law prohibits employers with five or more employees from inquiring about an applicant’s criminal history before making a job offer, the County's ordinance introduces additional compliance requirements and enforcement mechanisms to address gaps identified in the state's implementation.

Key Differences

Key differences between the California Fair Chance Act and the County ordinance include:

- - - Governing Authority: The ordinance is enforced by the LA County Department of Consumer and Business Affairs, making it easier for job applicants to file complaints locally.
    - Written Assessments: Employers must provide a written assessment when rescinding a job offer, ensuring the decision is justified and related to the job’s duties.
    - Response Time: Employers have a limited timeframe of five days to respond to an applicant’s appeal of a rescinded offer.
    - Penalties: The ordinance includes penalties for non-compliance, which can impact business licenses.
    - Look-Back Period: A look-back period of seven years (with certain exceptions) prevents employers from considering older convictions.
    - Prohibited Inquiries: Employers cannot ask for voluntary or self-disclosure of criminal records before a conditional offer.

Impact on Employers

Employers in the unincorporated areas of Los Angeles County with five or more employees must comply with the FCO. This ordinance aims to ensure fair hiring practices by preventing discrimination against individuals with criminal records. It’s important to note that while the ordinance enhances protections, the overall impact on businesses is expected to be low, given the smaller population and workforce in these areas.

For HR and recruiting professionals, this means updating your hiring processes and documentation to ensure compliance. This includes revising job postings to avoid prohibited language, adjusting application and interview procedures, and implementing the required individualized assessment process for any adverse employment decisions based on an individual's criminal history.

LA County 1

Steps to Compliance

Review and Update Policies: Ensure your company’s hiring policies align with the new ordinance. This includes removing any language in job postings that may deter applicants with criminal records.
Training and Education: Educate your hiring managers and HR staff on the requirements of the FCO and the proper procedures for conducting individualized assessments.
Documentation: Implement a process for documenting assessments and decisions related to criminal history. This documentation will be crucial in the event of any disputes or audits.
Consult Legal Counsel: Given the complexity of employment laws and the potential penalties for non-compliance, it’s advisable to consult with legal counsel to review your policies and practices.

Additional Resources

For a comprehensive understanding of the Los Angeles County Fair Chance Ordinance, we recommend reviewing the official FAQs provided by the County. This document offers detailed guidance on the ordinance’s requirements and can be a valuable resource for your HR team.

Stay Vigilant and Informed

While Cisive offers various customization features to assist with managing disclosures, forms, and processes required by different regulations, it’s important for clients to remain vigilant and informed about changes in state and local laws. Compliance is an ongoing process, and staying updated with legal requirements is essential to avoid any potential pitfalls.

Speak to a Cisive Expert Today

Navigating the complexities of employment law can be challenging. If you have questions or need assistance with ensuring compliance with the Los Angeles County Fair Chance Ordinance when considering ordering a criminal background check report, our experts at Cisive are here to help. Speak with a Cisive expert and ensure your hiring practices are compliant and effective.

By staying informed and proactive, you can ensure your organization remains compliant while promoting fair and equitable hiring practices.

Access the official Los Angeles County Fair Chance Ordinance FAQ

Always consult with legal counsel to navigate the nuances of employment laws and protect your business interests.