Commencing January 22, 2017, city contractors and private employers in the City of Los Angeles with 10 or more employees are subject to new restrictions on use and review of a job applicants’ criminal history. Only employers that are required by law to obtain conviction information, are prohibited by law from hiring applicants convicted of a crime, are seeking to fill positions that applicants with convictions are prohibited from holding, or that are filling positions where employees are required to possess or use firearms, are exempt from the law.
Affected employers will need to prepare in order to comply. They should:
- Remove questions on employment applications about criminal histories and train their recruiters and interviewers to not make such inquiries.
- Add language in all solicitations or advertisements that the Company will consider qualified applicants with criminal histories in a manner consistent with the Los Angeles Fair Chance Initiative for Hiring.
- Post a notice informing applicants for employment about the LA Fair Chance Initiative at each Company workplace, job site, or other location in the City of Los Angeles that job applicants visit. If the Company has union workers it must also send a copy to the union representing those workers.
- Establish a “Fair Chance Process”. After the Company makes a conditional offer of employment, it may ask the applicant about criminal convictions. However the Company may not withdraw the application based on the response without completion of a written assessment of the link between the applicant’s criminal history and the risks inherent in the offered position. This assessment must discuss the nature of the offense or conduct that led to the conviction; the time that has passed since the conviction or release from incarceration; and the nature of the position sought.
If the Company seeks to withdraw a conditional offer of employment, it is require to first give the applicant written notice, a copy of the written assessment, and any other documents or information supporting the decision. The applicant then has five (5) business days to provide any information regarding rehabilitation or other mitigating factors. During that time period the Company must hold the position open and, should the applicant in a timely manner provide such additional information
the Company must consider it and complete a written reassessment. If, after reassessment the Company still wants to withdraw the offer, it must so notify the applicant in writing and provide the applicant with a copy of the reassessment.The ordinance also requires such contractors and employers to maintain all relevant records for three years after receipt of an application for employment. Any violation of the ordinance before July 1, 2017 will result only in a written warning. However, thereafter, employers are subject to fines of $500 to $2,000 per violation. The fine for failing to include language in an employment advertisement or job posting or for failing to maintain the required records is $500 per violation.
If you do business in Los Angeles and have ten or more employees seek qualified legal counsel to ensure that proper procedures are in place for review of potential Los Angeles employment applicants with criminal backgrounds; or, simply, don’t ask the question in the first place . . . unless the Company needs to do so.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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