In order to provide equitable protections for individuals with criminal history seeking opportunities for gainful employment in unincorporated areas, Los Angeles County has passed a new Fair Chance Hiring ordinance.
The ordinance affects various aspects of the hiring process. Regarding job postings and announcements, employers may not prevent or discourage applicants or employees with a criminal history to apply or respond to job solicitations, postings, announcements and advertisements. Employers must include language stating that qualified applicants with arrest or conviction records will be considered for employment, and may not include statements that no persons with criminal history will be considered for hire or should not apply to the employment position and may not include phrases such as “No Felons,” or “No Convictions.”
If an employer intends to conduct a review of an applicant’s or employee’s criminal history in connection with a conditional offer of employment, the employer must include in any job solicitations, bulletins, postings, announcements, or advertisements, a list of all material job duties of the specific job position which the employer reasonably believes that criminal history may have a direct, adverse and negative relationship potentially resulting in the withdrawal of the conditional offer of employment. The employer must also provide notice in writing to the applicant or employee that they intend to conduct a review of an applicant’s or employee’s criminal history in connection with a conditional offer of employment.
Additionally, unless legally required to do so, employers are prohibited from making an inquiry regarding criminal history prior to extending an applicant or employee a conditional offer of Employment.
The ordinance also provides a detailed process employers must follow prior to taking an adverse action against an individual based on their criminal history.
Employers must post a notice informing applicants and employees of the ordinance in a conspicuous place at every workplace, job site or other locations in the unincorporated areas of the County under the employer’s control frequently visited by their employees or applicants. Notice must also be posted on website pages frequently visited by employees or applicants. Employers must send a copy of the notice to each labor union or representative of workers with which they have a collective bargaining agreement or other agreement or understanding that is applicable to the employees in the unincorporated areas of the County. The notice must be made available to applicants and employees in English and any other languages spoken by at least ten (10) percent of the Employer’s workforce.
The ordinance is effective September 3, 2024.
