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Los Angeles County Fair Chance Ordinance

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Effective September 3, 2024, a new Los Angeles County ordinance will require necessary revisions to job postings, conditional offer letters, procedures for evaluating criminal history, and associated notifications for the unincorporated regions of Los Angeles County.

The ordinance bans language in job postings that discourages applicants based on criminal history (e.g., “No felons”). Instead, all job ads must state that applicants with arrest or conviction records will be considered according to the law. Employers must also list job duties where criminal history might affect job offers.

Employers are also prohibited from considering an applicant’s criminal history until a conditional job offer is made. Even after extending a conditional offer, employers cannot inquire directly about criminal history until they receive the background check, establishing a crucial sequencing requirement.

Furthermore, the ordinance limits inquiries about criminal history to the past seven years from disposition, with exceptions for roles involving minors or dependent adults and prohibits questions about non-criminal infractions, except for driving-related infractions for positions requiring some driving. These restrictions go beyond those set by state law.

The Fair Chance ordinance will additionally enforce stringent Pre-Adverse and Adverse Action protocols, mandating a thorough documented evaluation of an applicant’s criminal history before any adverse actions, such as revoking a conditional job offer, are taken by employers.

Employers with ties to Los Angeles County, whether through operations, business dealings, or contracts, should assess the need for adjustments in their approach to inquiring about criminal history throughout the hiring process.

Click here to learn more.

For more information on Ban the Box and other laws, and whether they affect your state, visit our resource guide at the Hire Image Resource Library.

Hire Image is a division of Orange Tree Employment Screening, uniting our strengths to design a background screening program in your best interest and deliver unmatched client experience.

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