The nationwide “ban-the-box” movement is part of government’s effort to remedy blanket disqualification of persons with criminal records for any job. Ban-the box laws typically require employers to eliminate the criminal history question on a job application, reduce an employer’s accessibility to criminal records until after extending a conditional job offer, and require the criminal offense to be relevant for that job position for an employer to use it as a disqualifying factor.

Following San Francisco,  Los Angeles, and California’s statewide Fair Chance Act, Los Angeles County has adopted the Los Angeles County Fair Chance Ordinance for Employers (FCO).  See also, FCO Overview and Frequently-Asked Questions.

Effective September 3, 2024, the FCO applies to any employer — including job placement agencies and non-profit organizations — located or doing business in the unincorporated County that employs five or more employees.

The FCO also covers individuals whose employment (including independent contractors or freelancers) involves, or will involve, performing at least two hours of work on average each week within the unincorporated County.

Covered employers should pay particular attention to these points:

Job Postings and Workplace Notices:

Job postings must exclude language deterring those with criminal backgrounds from applying and must include language establishing FCO and Fair Chance Act compliance.  If legally prevented from hiring individuals with a criminal history, the job posting must enumerate those laws or regulations.  If the employer intends to conduct a criminal history check, the job posting must list all material duties of the specific position for which a criminal history may have a direct, adverse and negative relationship. Covered employers must also conspicuously display a notice about the FCO at every workplace and on webpages frequently visited by employees, freelancers or applicants.

Conditional Job Offer Letters, Procedures:

The conditional job offer letter must contain a complete list of all types of information, background or history the employer will review. If applicable, the letter must state the offer is contingent upon review of the criminal history and that the employer has good cause to conduct the background check for the specific job position based on specified “supporting justification.”

Criminal History Restrictions:

The employer cannot ask any criminal background questions until after the employer receives the criminal history report. Except for caregiver positions, covered employers may no longer inquire about or base an adverse action on a conviction over seven years old, measured from the date of disposition.

Rescinding the Conditional Job Offer:

The employer must carefully conduct a documented multi-step individualized assessment before withdrawing the conditional job offer.

Private Right to Civil Action:

There are substantial administrative penalties for an employer’s FCO violations.  Also, an aggrieved individual can file a complaint against the hiring entity with the County’s Department of Consumer and Business Affairs (DCBA) and can bring a civil court action  within one year thereafter.

Take-Aways:

Covered employers should carefully review the FCO’s extensive rules and restrictions; modify job postings, webpages, and conditional job offer letters; and implement a compliant hiring process before the September 3 deadline.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Give Peeps a Chance – Civil Rights Department Sues Ralphs for Violating Fair Chance Act (January 26, 2024)
• Assessing Criminal Records in Hiring – New Regulations in Effect October 1, 2023 (September 29, 2023)
• Fair Warning: California Clamps Down on Fair Chance Act Violations (December 10, 2021)
• California Adopts Ban the Box Law (October 27, 2017)
• Banning the Box in Los Angeles – City Tightens Its Rules on Improper Use of Criminal Records to Deny Employment (March 23, 2017)

Cindy Bamforth
August 15, 2024