Los Angeles Updates Fair Chance Hiring Law

In early 2017, the City of Los Angeles passed The Fair Chance Initiative for Hiring Ordinance, which provides protections for job applicants and employees who have criminal backgrounds. All employers doing business in the city who have 10 or more employees are subject to the law.

Employers should be aware that the city just updated the ordinance’s workplace notice, which has a new revision date of 7/17.

Existing and New Provisions of the Law

The following requirements of the law have not changed:

• Employers are prohibited from inquiring about or seeking information related to an applicant’s criminal history until after a conditional offer of employment has been made.
• If an employer decides to rescind an offer of employment based on a criminal background check, the employer is required to perform an individualized written assessment of the applicant and provide the applicant with a copy of the assessment.
• As part of the Fair Chance Process, applicants must be given the opportunity to provide information or documentation to the employer regarding the accuracy of their criminal history.

What has changed, however, is language in the description of an applicant’s right to the Fair Chance Process. The employer is now required to hold the job open for the applicant for at least 5 business days from the notification date of what is now called a “proposed adverse action.” On the previous notice, the 5 days were not defined, and the action was referred to as a “rescinded offer of employment.”

How to Keep the Posters Coming

This is the third time this year that the City of Los Angeles has updated its poster. If you order our City/County Poster 1-Year Plan, you will automatically receive the updated Los Angeles poster as soon as it becomes available. And because we provide free poster updates for mandatory changes, no matter how many occur during the 12-month period, you can count on us to keep you in compliance!