The New Fair Chance Ordinance in Los Angeles County: What Employees Need to Know

The New Fair Chance Ordinance in Los Angeles County took effect on September 3, 2024. This ordinance aims to promote fair hiring practices in unincorporated areas of Los Angeles County. The Los Angeles County Fair Chance Ordinance places strict requirements on employers who request, obtain, or consider an applicant’s criminal history during the hiring process. While the state has a Fair Chance Act, the LA County Fair Chance Ordinance is significantly stricter. If you are an employee or job applicant in any of the unincorporated areas of LA County, below is some crucial information you need to know about the new ordinance.

Covered Employers and Job Applicants

The LA County Fair Chance Ordinance covers employers with five or more employees who are located, do business, or hire in the unincorporated areas of LA County. Under the ordinance, an employee is someone who works at least two hours every week within the unincorporated areas of the County. Covered employers include for-profit businesses, nonprofits, temporary, referral, and job placement agencies.

The ordinance protects all external job applicants and current employees applying for promotions or new positions they don’t already hold with a covered employer, as long as the role involves working at least two hours every week within the unincorporated areas of LA County. This protection applies regardless of whether the work is full-time or part-time, for a specific term, or on an indefinite, short-term, seasonal, or temporary basis.

Job Posting Requirements

Under California law, it is illegal for an employer to include questions about a job applicant’s criminal record in job ads, applications, or during interviews. The new ordinance further requires employers to affirmatively state in job postings that qualified individuals with criminal records will be considered. If specific laws prohibit hiring people with certain criminal histories, those restrictions must be clearly identified in the job ad.

If an employer plans on reviewing an applicant’s criminal history after making a conditional job offer, they must notify the applicant of this intent in writing at the time the conditional job offer is made. The employer must include in the job posting all “material job duties” that might be adversely affected by an applicant’s criminal record. Also, the conditional job offer must list all types of background and history that will be reviewed.

Individualized Assessment

The LA County Fair Chance Ordinance requires employers to conduct an individualized written assessment that considers, among other factors, the nature of the offense or conduct, the time that has passed, and the nature of the job before rescinding an applicant’s job offer or taking adverse action. If, after the initial assessment, the employer plans on taking adverse action based on the applicant’s criminal history, they must notify the applicant in writing and provide them with a copy of the report or other criminal history information and the chance to respond.

If, after conducting a second assessment, the employer decides to withdraw the conditional job offer, they are required to give the applicant written notice of the decision, which contains the basis for the decision, a copy of the second individualized assessment, any process for reconsideration, and notification of the applicant’s right to file a complaint with the LA County Department of Consumer & Business Affairs (DCBA) or the California Civil Rights Department (CRD).  

Contact a California Employment Lawyer

Contact a California employment lawyer if you have questions or believe your rights have been violated.