CITY OF LOS ANGELES

“BAN THE BOX” ORDINANCEEMPLOYMENT REQUIREMENTS

AND

IMPACT

WHAT IS “BAN THE BOX”?

X“Ban the Box” refers to removing the question on employment applications that asks applicants about past criminal records and a check box for them to respond with a yes or no and details.

The Los Angeles Fair Chance Initiative for Hiring (FCIHO) – Ordinance 184652 – took effect January 22, 2017, with penalties and fines imposed starting July 1, 2017. See the notice at http://www.esrcheck.com/file/Los-Angeles-Fair-Chance-Initiative-for-Hiring-Ordinance.pdf

The ordinance adds a new Article 9 to Chapter XVIII of the Los Angeles Municipal Code to limit employers’ consideration of the criminal history of applicants for employment.

“Employer” means any individual, firm, corporation, partnership, labor organization, group of persons, association, or other organization, located or doing business in the City that employs ten (10) or more employees, including owners, management, and supervisorial employees.

“Employer” also includes job placement and referral agencies and other employment agencies.

WHAT IS THE LA BAN THE BOX ORDINANCE?

Provided by Employment Screening Resources (ESR)ESR is a Strategic Choice

http://www.esrcheck.com

© 2017 Employment Screening Resource (ESR)

Employment Screening Resources (ESR) is a leading global screening firm providing on-demand access to compliant and accurate background screening services that empower our clients to quickly make informed hiring decisions.

WHAT EMPLOYERS “MUST” DO

NOTICE AND POSTING REQUIREMENTS FOR EMPLOYERS

ADVERSE ACTION, THE FAIR CHANCE PROCESS & RECORD RETENTION

Employers must post a notice informing applicants and employees of their rights under the ordinance in a conspicuous place at every workplace including temporary jobsite. See the notice at http://www.esrcheck.com/file/Notice-to-Applicants-or-Employees-of-Los-Angeles-Fair-Chance-Initiative-for-Hiring.pdf

All postings for jobs in Los Angeles must state the employer will consider qualified applicants with criminal histories in a manner consistent with the requirements of the ordinance.

Employers must send a copy of this notice to each labor union or representative of workers with which they have a collective bargaining agreement.

If the applicant provides the employer with any information pursuant to the Fair Chance Process, then the employer must consider it. If the employer still decides to take adverse action against the applicant after performing the reassessment, they must notify and provide the applicant with a copy of the written reassessment.

Prior to taking adverse (i.e. negative) action based on a criminal matter, employers must engage in a FAIR CHANCE PROCESS, including performing a written individual assessment. See the form at http://www.esrcheck.com/file/FCIHO-Individual-Assessment-and-Reassessment-Form.pdf

Employers must have all written records related to applicants’ employment applications for a period of three (3) years following the receipt of an applicant’s employment application. Employers shall, upon request, provide the records and documents or access to the records and documents to the Department of Public Works, Bureau of Contract Administration in an administrative enforcement proceeding under this article.

WHAT EMPLOYERS “CANNOT” DO

An employer shall not include on any application for employment any question that seeks the disclosure of an applicant’s criminal history.

An employer shall not 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 shall not take an adverse action against an applicant to whom a conditional offer of employment has been made 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

An employer shall not discharge, reduce the compensation of, or otherwise take any adverse employment action against any employee for complaining to the City regarding the employer’s compliance or anticipated compliance with the ordinance or for otherwise asserting any rights under this ordinance.

An employer shall not take an adverse action or fill the employment position sought by the Applicant for a period of at least five (5) business days after the applicant is informed of the proposed adverse action to allow the applicant to complete the Fair Chance Process.

To promote public health, safety, and welfare by eliminating a barrier

to employment of persons who have been convicted of crimes.

To reduce recidivism (the tendency of a convicted

criminal to reoffend).

To facilitate the reintegration into society of persons with

conviction records.

To decrease unemployment in parts of the community in

which persons who have been convicted of crimes

predominately reside.

WHAT IS THE PURPOSE BEHIND BAN THE BOX?