As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment has been made.
This week, the City of Los Angeles released Rules and Regulations to implement the ordinance. Highlights from the Rules and Regulations include:
- An applicant who submits an application to an employer in Los Angeles is covered by the law regardless of whether the applicant resides outside of Los Angeles when he or she applies for the job.
- The job application cannot contain any statement that a criminal background check must be passed to be considered for the position.
- Employers must hold the position open for at least 5 business days after the applicant receives notification of the employer’s intent to withdraw the conditional offer of employment.
- If an employer relied on oral information to form a determination of Adverse Action, the employer should summarize this information by putting it in writing and maintain it with its employment records. For example, a verbal reference check with a former employer should be documented.
Employers located in the City of Los Angeles should review their employment applications, job advertisements, and relevant employment forms and record retention policies to ensure compliance with both the ordinance and the new rules and regulations.