Los Angeles is the latest jurisdiction to Ban the Box with the “Los Angeles Fair Chance Initiative for Hiring (Ban the Box)”. The ordinance was signed by Mayor Eric Garcetti on December 9th and goes into effect on January 22, 2017.
As a result of this ordinance, employers are prohibited from inquiring about an applicant’s criminal history until a conditional job offer has been made. The ordinance applies to employers that are located in or doing business in Los Angeles and employ at least 10 employees.
Prior to taking adverse action against an applicant based on their criminal history, the employer must perform an Individualized Assessment. A copy of the Individualized Assessment and any other information or documentation supporting the adverse action must be provided to the applicant. After providing the applicant with the documentation supporting the adverse action, the employer must wait at least five (5) business days before filling the position or taking adverse action against the applicant. If the applicant provides additional information or documentation within the five (5) business days, the employer is required to consider the information and perform a written reassessment, which is required to be provided to the applicant if adverse action is ultimately taken against the applicant.
The four exceptions to the ordinance are as follows:
- The employer is required by law to obtain information regarding a conviction of an applicant.
- The applicant would be required to possess or use a firearm in the course of his or her employment.
- The applicant has been convicted of a crime is prohibited by law from holding the position sought.
- An employer is prohibited by law from hiring an applicant who has been convicted of a crime.
Click here for the full text of Los Angeles Fair Chance Initiative for Hiring (Ban the Box)