What is this about?
On February 27, 2024, the County of Los Angeles Board of
Supervisors voted to adopt the County's Fair Chance Ordinance
for Employers (FCO). The FCO aligns with the California Fair Chance
Act (FCA), also known as "Ban the Box." However, it adds
several compliance requirements when considering the
applicant's criminal record history to make an employment
decision.
Effective Date:
The FCO is operative on September 3, 2024.
Who must comply:
The FCO applies to any "employer" located or
doing business in the unincorporated areas of Los Angeles County
who employs five or more employees regardless of
location. The FCO protects both applicants seeking
employment and employees seeking promotions, as well as others
seeking non-traditional employment, such as contract or freelance
work.
New requirements:
Notice of Intent to Conduct Background
Check. This notice must be given along with any
conditional offer of employment to the applicant or employee that
states (1) the conditional offer is contingent upon a review of a
criminal record history and (2) the employer has good
cause to conduct the criminal history review
"for the specific job position with supporting
justification in writing." It is not enough for
the employer to merely state it reviews such information because of
a generalized "safety concern." Specific information is
required.
Before employers can take any adverse action against an individual, such as rescinding a conditional job offer, the FCO requires the employer to (1) prepare a written individualized assessment of an applicant's criminal history in the manner required by the FCO; (2) provide a form ofpreliminary notice of adverse action with mandatory content; (3) provide a second written individualized assessment if the individual provides information in response to the preliminary notice of adverse action; and (4) provide a final notice of adverse action if the employer makes a final decision to withdraw the conditional offer of employment or take any other adverse action (the final notice must also include mandatory content).
Why compliance matters:
The FCO authorizes public and private remedies, including
civil claims. The County of Los Angeles Department of Consumer and
Business Affairs (DCBA) is authorized to take appropriate steps to
enforce the FCO and conduct investigations of possible violations
by an employer. The DCBA may issue monetary penalties of up to
$5,000 for the first violation, up to $10,000 for the second
violation, and up to $20,000 for the third and subsequent
violations.
How SI can help:
SI can help ensure compliance in several ways, including
the timing of background checks, the distribution of mandatory and
sample notices, and the monitoring of the required time periods for
taking adverse action.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.