Los Angeles Ordinance Limits Certain Employers’ Consideration of Criminal History

Ordinance Effective January 22, 2017

A new ordinance in Los Angeles, effective January 22, 2017, limits certain employers’ consideration of applicants’ criminal history. Highlights of the ordinance are presented below.

Coverage

• The ordinance generally applies to (among other entities) employers that are located or doing business in Los Angeles, and that employ 10 or more employees—including the owner(s) and management and supervisorial employees.

Employment Application Procedures

• An employer may not include on any application for employment any question that seeks the disclosure of an applicant’s criminal history.
• An employer may not (at any time or by any means) inquire about or require disclosure of an applicant’s criminal history unless and until a conditional offer of employment has been made to the applicant.

Employer Assessment of Criminal History

• An employer may not take an adverse action against an applicant to whom a conditional offer of employment has been made based on an applicant’s criminal history, unless the employer performs a written assessment that effectively links the specific aspects of the applicant’s criminal history with risks inherent in the duties of the employment position sought by the applicant.
• An employer—prior to taking an adverse action against an applicant—must provide that person a “fair chance process,” including (among other things) the provision of written notification of the proposed adverse action, a copy of the written assessment performed (noted above), and any other information or documentation supporting the employer’s proposed adverse action.

Notice, Posting, and Recordkeeping Requirements

• Employers must state in all solicitations or advertisements seeking applicants that the employer will consider for employment qualified applicants with criminal histories in a manner consistent with the ordinance.
• Employers must post a notice informing applicants of the provisions of the ordinance in a conspicuous place at every workplace, job site, or other location in Los Angeles under the employer’s control and visited by employment applicants.
• Employers must retain all records and documents related to applicants’ employment applications and written assessment and reassessment performed under the ordinance for a period of 3 years following the receipt of an applicant’s employment application.

Note: There are exceptions to certain provisions of the ordinance where (among other things) an employer is required by law to obtain information regarding a conviction of an applicant or an employer is prohibited by law from hiring an applicant who has been convicted of a crime.

The ordinance contains additional details, requirements, and exceptions. Click here to read the text of the ordinance.