Navigating LA County's Expanded Fair Chance Ordinance
Effective March 28, 2024, Los Angeles County has broadened the scope of the Fair Chance Act, imposing additional requirements on employers with five or more employees operating in unincorporated areas of the county. We understand that navigating these new regulations can be complex, which is why we've summarized the key points below to help you stay compliant.
Key Provisions of the Fair Chance Ordinance:
1. Job Solicitations: Employers must include specific language in all job solicitations, bulletins, postings, and advertisements stating that qualified applicants with arrest or conviction records will be considered for employment. Statements indicating that individuals with criminal histories will not be considered are prohibited.
2. Pre-Conditional Offer Inquiries: Employers are prohibited from asking about an applicant's criminal history before extending a conditional job offer. Subtle efforts to encourage disclosure or premature termination of an interview upon disclosure of conviction are also prohibited.
3.Conditional Job Offers: If a conditional offer of employment is contingent upon a criminal history check, the employer must provide a written rationale for conducting the check. Applicants cannot be asked to disclose their own criminal history information.
4. Individualized Assessments: Before denying employment based on an applicant's criminal history, employers must conduct an individualized assessment to determine if the history directly affects the ability to perform job duties. This assessment must be documented and provided to the applicant along with a preliminary notice of adverse action.
5.Applicant Response: Applicants must be given an opportunity to respond to the preliminary notice of adverse action. They have five (5) business days to respond initially and at least ten (10) business days to provide evidence of rehabilitation or mitigating circumstances.
6. Final Decision: After considering the applicant's response, the employer must complete a second individualized assessment before making a final decision. If the conditional offer is withdrawn, the applicant must be notified in writing within 30 days.
7. Record Keeping: Employers must retain all records related to the hiring process for four years.
Penalties and Enforcement:
The Fair Chance Ordinance empowers the County's Department of Consumer and Business Affairs to investigate violations and issue penalties ranging from $5,000 to $20,000 per violation. Additionally, private civil litigation is authorized.
Given the complexity of these new requirements, we encourage all employers seeking to hire employees in unincorporated Los Angeles County to seek advice on navigating these regulations.
Our team is here to provide support and guidance to ensure compliance with the Fair Chance Ordinance.