Rod M. Fliegel, Bill Simmons, and Chad Kaldor with Littler Mendelson prepared an excellent in depth article at the new Los Angeles County Fair Chance Ordinance titled “County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal and California Law" and what it means for employers.
Los Angeles County's new Fair Chance Ordinance will become effective September 3, 2024 and will introduce substantial changes to hiring practices in the unincorporated areas of the county. This ordinance extends beyond existing federal and California state laws, impacting various aspects of the hiring process, including job postings, background checks, and adverse action procedures. Below is a summary the Littler Mendelson’s article on the new ordinance:
Coverage
The ordinance applies to individuals seeking employment within the unincorporated areas of Los Angeles County, including those involved in contract or freelance work. Employers with five or more employees, regardless of location, fall under its purview, encompassing various entities such as job placement agencies and non-profit organizations.
Mandatory Requirements for Job Postings and Like Materials
Employers must refrain from using language in job postings that may discourage applicants with criminal records from applying. Additionally, all job solicitations must include language indicating that qualified applicants with arrest or conviction records will be considered. Moreover, employers must provide a list of job duties potentially impacted by an applicant's criminal history when conditioning job offers on background checks.
Mandatory Posting Requirements
Employers are required to post notices of the ordinance in workplaces and on frequently visited webpages. Unionized employers must also provide copies of the notice to their unions.
Unlawful Practices
The ordinance prohibits inquiries into an applicant's criminal history before extending a conditional job offer and restricts the scope of such inquiries even afterward. Employers must adhere to specific sequencing requirements in the screening process and limit questions about criminal history to the past seven years, with exceptions for certain roles.
Considering Criminal History and Taking Adverse Action
Employers must provide applicants with notice before inquiring into their criminal history and conduct individualized assessments before taking adverse action based on such information. Applicants must be given an opportunity to respond and provide evidence of rehabilitation, with employers required to defer final decisions accordingly.
Record Retention
Employers must retain relevant records for a minimum of four years.
Enforcement and Exhaustion
The ordinance permits both public and private remedies, including civil claims, with certain exhaustion requirements for private lawsuits against employers.
Fair Chance Ordinance Recommendations
Employers operating within the County of Los Angeles should review and update their hiring processes to comply with the ordinance. This includes revising job applications and postings, providing training to relevant personnel, and planning for potential delays in filling staffing openings due to background check processing times.
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