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| Los Angeles County enacted a new Fair Chance Ordinance, set to take effect on September 3, 2024, which expands California’s existing “Ban the Box” law by introducing additional requirements for employers with five or more employees within unincorporated areas of Los Angeles County.
Under the Ordinance, employers must: · State that qualified applicants with arrest or conviction records will be considered for employment. · Specify any laws that restrict or prohibit hiring individuals with certain criminal histories. · Include a list of all material job duties for positions where a criminal background may directly and negatively impact employment, potentially leading to the withdrawal of a conditional job offer. Further, like the statewide Fair Chance Act, the LA Ordinance prohibits employers from asking about criminal convictions until after a conditional job offer has been made. If an employer plans to conduct a background check at this stage, it must first provide detailed written notice. The Ordinance prohibits employers from considering: (1) arrests not followed by conviction; (2) referrals or participation in a diversion or deferral of judgment program; (3) convictions that are sealed, dismissed, or expunged; (4) juvenile records; (5) non-felony convictions for possession of marijuana that are more than two years old; (6) any conviction more than seven years old; (7) infractions, with the exception of some driving infractions; and (8) convictions arising out of conduct that has been decriminalized since the conviction. An individualized assessment must be performed before rescinding a conditional job offer based on a criminal record. An employer intending to withdraw a conditional offer or take other adverse employment action must follow prescribed steps, and rejected candidates have the ability to challenge the decision. The Ordinance also contains certain notice and records retention requirements. It requires employers post a notice of the Ordinance at every worksite in unincorporated Los Angeles County and on Company webpages frequently visited by their employees or applicants. Employers with operations in unincorporated Los Angeles County should evaluate job listing and hiring practices to conform with the new Ordinance. |
