In January, we issued an Employment Alert regarding Los Angeles's new "Ban-the-Box" law, known as the Los Angeles Fair Chance Initiative for Hiring, which went into effect on January 22, 2017. The law restricts inquiry into the criminal background of applicants until after a conditional offer of employment is made.
An employer seeking to disqualify an applicant based on criminal history must follow specific procedures. These include a written assessment showing a link between specific aspects of the applicant's criminal history with risks inherent in the duties of the employment position applied for, as well as a written "reassessment" if an applicant presents information or documentation for an employer to consider. Failure to comply may subject an employer to administrative remedies and a civil action. The law also contains notice and posting requirements.
Guidance, Forms and Notices:
The Los Angeles Bureau of Contract Administration recently published guidance, forms and notices relating to the new law, including:
We encourage all Los Angeles employers to download and review these documents, as they will help ensure compliance with the new law. These and additional resources are available on the Bureau's website at: City of Los Angeles Bureau of Contract Administration.