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Legislators approved a Second Chance bill for Los Angeles County which is said to be stronger than those implemented by the state or federal government.

About The Fair Chance Act

California adopted a Ban the Box law in 2017. It created regulations that employers must follow when considering applicants who have a criminal record. A newly passed Ordinance (known as the Fair Chance Ordinance for Employers) will create stronger guidelines for employers that operate in the unincorporated areas of Los Angeles County.

The Ordinance establishes numerous rules, including (but not limited to):

• Banning any language in job postings that might deter someone who has a criminal record. Examples include “Felons need not apply” or “A clean record is required.”
• If an employer considers criminal record when reviewing applicants for specific positions, then their job posting must include a: “list of all material job duties of the specific job position which the Employer reasonably believes that Criminal History may have a direct, adverse and negative relationship potentially resulting in the withdrawal of the Conditional Offer of Employment.”
• Employers may not ask about an applicant’s criminal history until after they have made a conditional job offer.
• Inquiries into an applicant’s criminal history may only go back 7 years from the date of disposition, with exceptions for certain safety-sensitive positions.
• If an employer might consider taking an adverse action based on an applicant’s criminal history, they must inform the person, in writing, that the conditional offer is contingent on the results of a background investigation. That documentation needs to include a statement which notes the employer has “good cause” to review background information.
• If the employer wishes to run employment, education or other verifications, they must inform the applicant of that as well.
• When sending a pre-adverse notice, the employer must also provide an individualized assessment of an applicant’s criminal history. This needs to describe how the person’s record could have a “direct adverse and negative bearing” on the person’s ability to do the job.
• The notice must explain that the applicant has the right to dispute the criminal history or provide evidence of rehabilitation. If that happens, the employer will not be permitted to take an adverse action or fill the position for at least five business days after the applicant receives this news.
• If the applicant provides additional details in their defense, the employer must consider that before taking any action. Afterwards, should the employer still wish to take an adverse action, then they will be required to document their reasons in writing.
• A final adverse notice must be sent to the applicant, which includes a copy of the second individualized assessment of the person’s criminal records and notifies the recipient that they have a right to submit a complaint to the County of Los Angeles Department of Consumer and Business Affairs (DCBA) for perceived violations of the Ordinance.

The Ordinance goes into effect on September 3, 2024.

Definitions

The Ordinance creates some important definitions:

It defines an applicant as any individual who is seeking employment with an organization. This includes existing employees who are interested in new positions.

Employers are defined as any organization that employs five or more people, regardless of location. This includes temporary and other employment agencies and non-profit organizations.

Finally, the law establishes a broad definition of employment. This is any occupation, vocation, job, or work, including but not limited to temporary or seasonal work, part-time work, contracted work, contingent work, work on commission, and work through the services of a temporary or other employment agency, including non-profit organizations, or any form of vocational or educational training with or without pay.

Employers In Los Angeles County

If your organization operates in Los Angelese County, you should be aware of this Ordinance and prepared for compliance. We recommend consulting with counsel to ensure you are following this and other relevant laws.

Running Background Checks

While this Fair Chance Ordinance is intended to help people who have criminal records find employment, employers in Los Angeles County and throughout the nation are still encouraged to run background checks on applicants. These reports help organizations make informed decisions, maintain safe workplaces and conduct due diligence.

If your business needs employment background checks, please contact us. Our experienced team can help you customize screening packages that suit your specific needs, comply with applicable laws and meet all industry standards.

Backgrounds Online is based in California and our team is available to assist you Monday through Friday from 5am to 6pm PT.