Los Angeles Announces New Fair Chance Ordinance for Employers
August 12, 2024
In February 2024, the Los Angeles County Board of Supervisors adopted the “Fair Chance Ordinance for Employers” to give additional rights, protections, and enforcement mechanisms to job seekers with a criminal history in the unincorporated Los Angeles County, according to a news release from Los Angeles County. The Ordinance takes effect on September 3, 2024.
The Ordinance will complement a California “Ban the Box” law enacted in 2018 called the “Fair Chance Act” which prohibits employers with five or more employees from asking about the conviction history of an applicant before making a job offer and requires them to make an individualized assessment regarding an applicant’s conviction history before rescinding a job offer.
The Ordinance will apply to any private employer that employs five or more employees performing at least two hours of work each week within the unincorporated areas of Los Angeles County and authorizes public and private remedies, including civil claims.
Here's what the FCO covers:
Job postings
Employers can’t discourage applicants with criminal records from applying, and job postings must state that qualified applicants with such records will be considered.
Criminal history inquiries
Employers can’t ask about criminal history before a conditional job offer.
Conditional offers
Conditional offers based on a background check must list the job’s duties where criminal history could be relevant.
Rescinding offers
Employers can’t rescind offers due to background check delays unless they can prove undue hardship. Before rescinding, they must provide a preliminary notice of adverse action and perform an individualized assessment of the applicant’s criminal history.
Relationships
The ordinance covers employment relationships and freelance or contract work.
Compliance
Failure to comply with the FCO’s regulations may result in fines and penalties. The County of Los Angeles Department of Consumer and Business Affairs (DCBA) will provide notices before the effective date.