Los Angeles to Ban the Box in January 2017

Effective January 22, 2017, the City of Los Angeles, CA will impose an ordinance that restricts employers in the city from asking about and using criminal record information.

Under the ordinance (#184652), the following restrictions, among others, will apply:

  • An employer shall not include on any application any question that seeks the disclosure of an applicant’s criminal history.
  • An employer shall not conduct a criminal history inquiry until after such employer has extended a conditional offer of employment to the applicant.
  • An employer shall not take any adverse action against an applicant to whom a conditional offer of employment has been made based on an applicant’s criminal history unless the employer performs a written assessment that effectively links the specific aspects of the criminal history with risks inherent in the duties of the employment position sought by the applicant.
  • An employer, prior to taking an adverse action, shall provide applicant a “Fair Chance process”, including:

  • A written notification of the proposed adverse action
  • A copy of the written assessment required under the ordinance
  • Any other information or documentation supporting the employers proposed adverse action

The employer shall not take any adverse action or fill the employment position sought by the applicant for a period of at least five (5) business days after the applicant is informed of the proposed adverse action. If the applicant provides any information or documentation, the employer shall consider the information and perform a written reassessment of the proposed adverse action. If the employer takes adverse action after performing the reassessment, the employer shall notify the applicant and provide a copy of the written reassessment.

  • Employers shall state in all solicitations or advertisements seeking applicants that employer will consider all qualified applicants with criminal histories.
  • Employers shall post a notice informing applicants of the provisions of this ordinance at every workplace, job site or other location in the city under employers control and visited by employment applicants.

The full text of this ordinance is available here:

http://clkrep.lacity.org/onlinedocs/2014/14-0746_ORD_184652_12-9-16.pdf

This law will require a review of the hiring process in place and may require changes to that process. Additionally, the law requires posting notices at hiring sites. Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

 

For more information on the ‘Rules and Regulations’ for Los Angeles’ Ban the Box, you can visit here:

http://bca.lacity.org/site/pdf/eeo/Fair%20Chance%20Ordinance%20Rules%20

and%20Regulations%20Final.pdf

For a copy of the notice that must be posted at the hiring sites, you can click here:

http://bca.lacity.org/site/pdf/eeo/Notice%20to%20Applicants%20and%20Employees

%20for%20Private%20Employers.pdf

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

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