Ban the Box Ordinance Update: Los Angeles Bureau of Contract Administration Publishes Guidance, Forms and Notices for Employers
In December 2016, we issued a
Compliance Matters newsletter outlining Los Angeles' new Fair Chance Initiative for Hiring Ordinance, also known as the "Ban the Box" ordinance. The ordinance went into effect on January 22, 2017, and restricts private employers in Los Angeles from asking about or requiring the disclosure of criminal history until a conditional offer of employment is made. A conditional offer is one that is conditioned "only on an assessment of the Applicant's Criminal History, if any, and the duties and responsibilities of the Employment position." Once a conditional offer of employment is made, if the employer elects to do a criminal background check and then intends to deny the employment based upon that information, then the employer
must provide the applicant a so-called "fair chance process" before declining employment. Among other things, this entails performing a written assessment that links the applicant's criminal history to the duties of the position and furnishing a copy to the applicant. Employers are also required to post a notice informing applicants of the ordinance, and to remove questions from job applications about criminal history.
To assist employers in complying with the ordinance, the Los Angeles Bureau of Contract Administration has recently published the following resources:
We recommend that all employers in Los Angeles download and review these documents. Additional resources are available on the Bureau's website (CLICK HERE).
These documents are in a form recommended by the City. However, since the documents are evidence of the company's compliance, and likely will be used by the rejected applicant's lawyer in assessing whether the applicant has a "case," we recommend that these forms be reviewed by counsel before furnishing them to the applicant.
If you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at (818) 508-3700 or visit us online at www.brgslaw.com.
Richard S. Rosenberg Katherine A. Hren Justin Youngs Ballard Rosenberg Golper & Savitt, LLP