Update: City of Los Angeles “Ban the Box” Ordinance Guidance and Forms Published

In January, we issued an advisory about the Los Angeles Fair Chance Initiative for Hiring Ordinance, referred to as a “Ban the Box” initiative, which took effect on January 22, 2017, restricting inquiries into criminal background information until after a conditional offer of employment has been made. Penalties and fines for violation of the Ordinance were delayed and may be imposed starting on July 1, 2017.
 
The Los Angeles Bureau of Contract Administration recently published guidance on the Ordinance, as well as forms and posters for use by employers. These materials can be found here, and include:

• Fair Chance Initiative for Hiring Ordinance for Private Employers
• Fair Chance Initiative for Hiring Ordinance for City Contractors
• Rules and Regulations implementing the FCIHO
• Fair Chance Initiative for Hiring Overview
• Guidelines for Employers (Short Form)
• Notice to Applicants and Employees for City Contractors
• Notice to Applicants and Employees for Private Employers
• Notice to Rescind Employment Offer Sample Letter
• Individual Assessment and Reassessment Form
• Fair Chance Initiative for Hiring Complaint Form (English)
• Fair Chance Initiative for Hiring Complaint Form (Spanish)
• Frequently Asked Questions

For employers with 10 or more employees who work at least two hours per week within the City of Los Angeles (or City Contractors with 10 or more employees working anywhere), we recommend review of these documents and resources.

The State of California is catching up with the cities of San Francisco and Los Angeles in limiting inquiries into an applicant’s criminal history. AB 1008, which is currently pending before the California Legislature, proposes an amendment to the Fair Employment and Housing Act (“FEHA”) to provide for a statewide “Ban the Box.” The proposed legislation would restrict inquiry into an applicant’s criminal history until after a conditional offer of employment is made, although certain job positions would be exempt from this requirement. AB 1008 would also require employers who use a criminal history background check to make individualized assessments of the applicant’s history in light of the nature of the position conditionally offered. AB 1008 was re-referred to the Committee on Labor and Employment on May 2, 2017 for further review following proposed amendments. We will continue to monitor this legislation and provide updates.