Ordinance Now in Effect

The City of Los Angeles has released posters and forms for compliance with its Fair Chance Initiative for Hiring Ordinance, which limits certain employers' consideration of applicants' criminal history.

Background
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.

Under the ordinance, an employer may not include on any application for employment any question that seeks the disclosure of an applicant's criminal history; or 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.

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.

Posters and Forms
Resources addressing the following topics are now available:

• Notice to Rescind Employment Offer Letter. Among other requirements, 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.
  This sample Notice to Rescind Employment Offer Letter may help employers comply with these provisions.
  Notice to Applicants and Employees. Employers must also 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.
• Notice to Rescind Employment Offer Letter. Among other requirements, 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.
  This sample Notice to Rescind Employment Offer Letter may help employers comply with these provisions.

Click here for a list of available resources.

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