APPLICANT CRIMINAL HISTORIES – New Information Restricting Los Angeles Hiring Practices

The City of Los Angeles’ Department of Public Works, Bureau of Contract Administration recently published frequently asked questions (FAQs) to assist employers in applying its Fair Chance Initiative for Hiring Ordinance (FCIHO) that went into effect January 22, 2017. For more on this ordinance, see Ban the Box in The City of Los Angeles (January, 2017) and “Banning the Box” in Los Angeles (March, 2017).

The department’s FAQs include guidance on job applications and advertisements for employment.

For employers that wish to use the same job application within the city of Los Angeles as well as other municipalities, a general disclaimer may be included directly following employment questions regarding an applicant’s criminal history, such as: “Applicants for a position located within a Fair Chance jurisdiction are not to answer this question.” (For a list of such jurisdictions, California and nationwide, current to February, 2017, see Fair-Chance Employment, Ban the Box, National Employment Law Project (NELP) (2017).

Employers must include in advertisements for employment in the city a statement that they will consider for hiring qualified applicants with a criminal history, for example: “We will consider for employment all qualified applicants, including those with criminal histories, in a manner consistent with the requirements of applicable state and local laws, including the City of Los Angeles’ Fair Chance Initiative for Hiring Ordinance.”

Companies employing workers in L.A. should review the entire ordinance and the FAQs for all requirements under this new law.

For additional assistance understanding and implementing the City’s FCIHO, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

Cindy Bamforth
April 20, 2017