New Employment Ordinance Takes Effect in Los Angeles County (Fair Chance Law)
Effective September 3, 2024, the Fair Chance Initiative for Hiring Ordinance (FCIHO) officially took effect in Los Angeles County. The local ordinance is designed as a complement to California’s so-called “Ban the Box” regulations and it applies to employers with locations or employees in the Los Angeles County. It is crucial that all employers covered by the law are prepared to meet its requirements. Here, our California employment lawyer explains the key things employers in Los Angeles County should know about the new local ordinance.
Background: An Overview of ‘California’s Ban-the-Box Law
California’s “Ban the Box” law is officially known as the Fair Chance Act. It applies to private businesses and organizations with five or more employees. The regulation prohibits these employers from asking about an applicant’s criminal history before making a conditional job offer. Under the law, employers cannot include questions about criminal convictions on job applications or inquire about such history during initial interviews. The law aims to reduce barriers to employment for individuals with prior convictions and promote fair hiring practices. After making a conditional job offer, an employer may conduct a background check, but also must follow specific procedures if the employer considers rescinding the offer based on the findings. These procedures include:
- Providing the applicant with a copy of the background check report in question;
- Notifying them of the employer’s intent to withdraw the job offer; and
- Allowing them an opportunity to respond or dispute the information.
Understanding the Los Angeles County Fair Chance Initiative for Hiring Ordinance (FCIHO)
The FCIHO enhances California’s “Ban the Box” law by introducing additional requirements for employers within Los Angeles County. Here are some notable provisions:
- The Scope: FCIHO applies to employers in Los Angeles County with ten or more employees, including temporary staffing agencies.
- Timing of Inquiry: Similar to state law, FCIHO bars employers from asking about or considering an applicant’s criminal history until after a conditional job offer is made.
- Individualized Assessment: The FCIHO and Fair Chance Act both require employers to conduct an individualized assessment that links the applicant’s criminal history with the risks inherent in the job duties before withdrawing a conditional job offer. However, the big difference in this new regulation is that FCIHO requires employers to perform an individualized assessment in writing, which it must also provide to the applicant in conjunction with the mandatory preliminary and final adverse action notice, before the conditional job offer is rescinded. California state law requires an individual assessment, but it does not require employers to put it in writing.
Employers in California Must Comply With All Applicable Local Ordinances
In California, there are many municipalities—both cities and counties—that have more comprehensive requirements for employers than exist statewide. FCIHO in Los Angeles County is just one of many examples. All employers should understand and comply with not only state laws, but all applicable local workplace ordinances.
Consult With Our California Employment Lawyer Today
At Sloat Law Group, APC, our California employment law attorney helps businesses and organizations navigate the requirements of federal law, state law, and local ordinances. Contact our employment firm today for legal guidance and support. We work with employers in Los Angeles County and throughout California.
Source:
bca.lacity.gov/fair-chance
