Los Angeles County Enacts Fair Chance Hiring Ordinance

Hey, HR Family!

In a move that’s shaking up the hiring landscape, Los Angeles County has taken a bold step toward promoting fairness in employment.

The Los Angeles County Fair Chance Ordinance for Employers will take effect on September 3, 2024, and will significantly change how businesses handle criminal background checks during the hiring process.

What’s the scoop?

This new ordinance is all about giving people with criminal histories a fair shot at employment. It applies to job applicants and current employees seeking promotions in the unincorporated areas of Los Angeles County. But who exactly does this affect?

Let’s break it down:

• Covered employers: Companies with five or more employees worldwide (including owners, managers, supervisors, and independent contractors) that are located or do business in unincorporated L.A. County areas.
• Protected individuals: Job applicants and current employees applying for promotions who have a criminal history.

What’s changing?

1. Delayed background checks: Employers can’t ask about criminal history or conduct background checks until after making a conditional job offer. This gives applicants a chance to showcase their qualifications first.
2. Transparency is key: If an employer plans to review criminal history after a job offer, they must provide detailed notice about what they’ll be looking at and why.
3. Hands-off approach: While waiting for background check results, employers can’t inquire about criminal history, even after the job offer.
4. Off-limits information: Certain criminal history is completely off the table, such as arrests that didn’t lead to convictions.
5. Fair assessment: Employers must individually evaluate all relevant facts before making decisions that could negatively impact an applicant or employee based on their criminal history.
6. Added protections: The ordinance includes anti-retaliation measures and recordkeeping requirements to ensure compliance.
7. Spread the word: Employers need to post notices about the ordinance in the workplace and online, in English and any language spoken by at least 10% of their workforce.

What does this mean for HR professionals?

1. Review your hiring processes: Make sure your background check procedures align with the new ordinance.
2. Train your team: Ensure everyone involved in hiring understands the new rules.
3. Update your forms: Review job applications and other hiring documents to remove any prohibited questions about criminal history.
4. Prepare for individual assessments: Develop a fair and consistent process for evaluating criminal history information when necessary.
5. Get your notices ready: Create the required postings in appropriate languages for your workplace and website.

This ordinance, enacted on February 27, 2024, represents a significant shift in hiring practices. It’s part of a broader “Ban the Box” movement aimed at reducing barriers to employment for individuals with criminal records.

By embracing these changes, businesses in L.A. County have an opportunity to tap into a wider talent pool while promoting fairness and second chances. As HR professionals, it’s our job to lead the way in implementing these new practices and creating more inclusive workplaces.

Be Audit-Secure!

Lisa Smith, SPHR, SCP