Los Angeles Implements Fair Chance Initiative (Ban the Box)

Effective January 22, 2017, Los Angeles City will no longer be asking applicants to disclose criminal background histories prior to making employment offers.  LA officially calls this the Fair Chance Initiative for Hiring; in general, the concept is referred to “Ban to Box” which refers to the check box on most applications that ask if an applicant has ever been convicted of a crime.

What Employers Can and Cannot Do

Under the new law, employers cannot inquire about or seek information from applicants concerning their criminal history until after a conditional offer of employment has been extended.  This means that information cannot be solicited on the job application OR during interviews.  If the background check reveals information that affects the viability of the individual performing their position, the employer may rescind the offer.  If an employer rescinds an offer based on information from the criminal background check, the employer must perform an individual assessment, which links the aspects of the criminal history with risks inherent to the job sought.  If an offer is rescinded, the applicant must receive written notice and be given a copy of the assessment as well as all documents leading to the employer’s decision.

The applicant must then be given five days in which to respond to the accuracy and completeness of the assessment and findings.  During this time, employers must hold the job open.  Applicants may come back with information on mitigating factors or rehabilitation information that could impact the final decision of the employer.

Posting Requirement and Penalties

 Employers must post the Fair Chance poster in the workplace where both current employees and applicants have visibility and must provide a copy of the poster to all affiliated labor unions.

Penalties range from $500 to first time offenders to $1,000 for second time offenders and $2,000 for every subsequent offence.

The new Los Angeles Fair Chance Initiative for Hiring poster joins the city’s other posting requirements (Minimum Wage and Paid Sick Leave) and is available in the Los Angeles (city) all-in-one Complete Poster package.

The Labor Law Center offers a worry-free service to our customers through our Poster Service Plan with automatic replacements.  What this means is that we monitor the state and federal postings and automatically send you updates when they are released.  It is that simple!

We also offer our clients our newly updated Education Center.  If you are new to labor law compliance or just wanting to keep up with the latest news and changes as they come out, this is the place to bookmark and visit regularly.