Things Employers Should Know About- Los Angeles Fair Chance Ordinance

If you are based in Los Angeles, have employees in Los Angeles or have employees spending time in Los Angeles you are impacted.

LOS ANGELES FAIR CHANCE ORDINANCE -- TAKES EFFECT SEPTEMBER 3, 2024 

Los Angeles adopted a new Fair Chance Ordinance for employers on February 27, 2024, which supplements California's 2018 Fair Chance Action (CA Government Code 12952 et seq.). The ordinance's purpose is to provide equitable protections for individuals with criminal history seeking employment in the unincorporated areas of Los Angeles County by restricting employers' use of criminal background checks. The ordinance takes effect on September 3, 2024. recent times, Los Angeles County has implemented significant changes to its criminal court procedures. These changes have had a profound impact on the background screening industry.

COVERED EMPLOYERS AND COVERED EMPLOYEES  

Employers located or doing business in the unincorporated areas of Los Angeles County who "employ five or more Employees regardless of location" are subject to the Ordinance. An "employee" is defined as "any individual whose Employment position involves, or in the case of an Applicant to an Employment position will involve, performing at least two (2) hours of work on average each week within the unincorporated areas of the County." The county has an address lookup tool to determine whether an address is located within the unincorporated area. The ordinance applies to both applicants and current employees who apply for a promotion with their current employer.

This ordinance impacts and forces changes in many areas

These include, but are not limited to the following areas.

• Job Postings
• No Criminal History Inquiries after Conditional Offers
• Limitation on reporting of criminal convictions
• Pre-Adverse & Adverse Action - Process/Timelines
• Individualized Assessments
• Final Determination Notices
• Disclosures & Forms

WHAT ARE WE DOING TO HELP?

We are working with our outside counsel to adjust our forms (authorizations, disclosures, forms, etc.) offered within our platform.

We will be offering further information on this topic and a WEBINAR detailing the changes within our system. It should be noted that the LEGAL experts are still working through the rules to provide best practices for employers.

Additionally, clients can access additional resources by visiting the HR Screening Help Desk. Once you login to our screening platform the LINK is on the News / Announcements Page.

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