On December 9, 2016, LA Mayor Eric Garcetti signed the “Los Angeles Fair Chance Initiative for Hiring,” the “Ban the Box” ordinance that bars certain Los Angeles employers from asking job applicants about their criminal history.  Ban the Box goes into effect January 1, 2017.  The ordinance can be found here.

This ordinance applies to all city contractors and private employers with ten or more employees who perform at least two hours of work on average each week within the geographical boundaries of the City of Los Angeles.  Some exceptions apply for occupations such as child care and law enforcement.

Employers may not have a “box” on job applications to seek information about a candidate’s criminal history.  Once a conditional offer of employment is made the employer may review the candidate’s criminal history.  Employers performing a written assessment shall, at a minimum, consider the factors set forth by the EEOC as well as any other factors provided by the rules or guidelines of the Department of Public Works, Bureau of Contract Administration (“DAA”) to evaluate and determine linking the applicant’s criminal history with the inherent risks in hiring the applicant.

After the review is complete, and the employer does not hire the candidate, the employer may not fill the position for a period of at least five business days after the candidate is informed s/he is not being hired.  During this period, the candidate may choose to engage in the Fair Chance Process by presenting information for the employer’s consideration. The employer will then complete a written re-assessment of the decision not to hire.  Following the re-assessment the employer will notify the applicant of its decision and provide a copy of the written re-assessment.

Penalties and administrative fines for violations of this ordinance will be enforced by the DAA.  On July 1, 2017, monetary penalties of $500 for the first violation, up to $1,000 for a second violation, and up to $2,000 for third and subsequent violations will be in effect.  Prior to July 1, 2017, the DAA will issue written warnings to employers that will later be used to prove that employers were on notice of the new ordinance.

Ban the Box requires posting, notification, and record retention requirements.  Employers now must state in all hiring advertisements that the employer will consider qualified applicants with criminal histories consistent with the ordinance.  Additionally, employers are required to post a notice in a conspicuous place at every workplace, job site, or other location in the City of LA under the employer’s control and visited by job applicants.  The employer is also required to send a copy of the notice to each labor union with which the employer has a collective bargaining agreement.  Employers are required to retain job applications, assessments, and any re-assessments for three years.  Violations of the positing, notification, and record retention requirements will result in fines up to $500 for each violation.

Employers with questions regarding the “Ban the Box” ordinance can contact the Browning Law Group at 949-234-6266 or [email protected]. For more information, visit Browning Law Group’s website www.BrowningLawGroup.com.