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City of Los Angeles Follows Trend: Votes to “Ban the Box”

On December 9, 2016, Los Angeles Mayor Eric Garcetti signed the “Fair Chance Initiative” prohibiting employers from considering a job applicant’s criminal history, except in limited circumstances. Private employers in Los Angeles may no longer ask job applicants about their criminal histories prior to making conditional job offers. Los Angeles joins over 150 cities and counties in 24 states nationwide, including San Francisco, that have adopted such “Ban the Box” ordinances. View the City of Los Angeles ordinance here.

Coverage

The Los Angeles ordinance applies to employers with 10 or more employees as well as city contractors. To qualify for the new protections, an employee must work at least two hours per week, on average, within the geographic boundaries of Los Angeles. 

Unlawful inquiries

The ordinance bars employers from inquiring about an applicant’s criminal history via application forms, interviews, and/or criminal history reports. Rather, an employer must first make a conditional job offer to the candidate before assessing a candidate’s criminal history.

Rescinding offers of employment

Employers that choose to rescind an offer of employment based on an applicant’s criminal record must now follow a number of steps mandated by the ordinance before taking an adverse action. Similar to other “ban the box” initiatives, an employer must: 

  • Assess factors identified by the United States Equal Employment Opportunity Commission as relevant to the consideration of conviction records in employment;
  • Create 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;” and
  • Provide the applicant with its evaluation. 

The ordinance does exempt employers from its requirements where, for example, state or federal law either bars an employer from hiring an applicant convicted of a specific crime or requires that an employer obtain conviction information prior to hire. 

Penalties

Employers that violate the City’s ordinance may be liable for administrative penalties up to $500 per violation, and could also be subject to private lawsuits brought by individual applicants and/or employees. Employers in the Los Angeles area should review their job application policies and practices with the assistance of employment counsel prior to February 1, 2017 to ensure compliance. Stay tuned for future analysis of how the new ordinance interacts with state and federal background check requirements.

 

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume VI, Number 351
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About this Author

Anne Cherry Barnett, Attorney, Polsinelli Law Firm
Principal

With an eye toward being a valued resource and partner to clients, Anne Cherry Barnett approaches each matter with the goal of streamlining costly litigation and achieving the client’s objectives successfully and efficiently. Anne focuses her practice on employment matters and has represented clients of all sizes. She prides herself on providing sound and cutting edge legal strategies that consistently focus on the client’s bottom line as they navigate the complex labyrinth of California and Federal employment regulations. Anne has represented employers in single...

415-248-2102
Associate

As a member of the firm's Labor and Employment practice, Emily Erdman is dedicated to providing thoughtful and effective counseling and representation on a wide array of labor and employment-related matters. She works closely with employers to develop strategic approaches to address the complex and often delicate workplace issues that they face. Chief amongst her goals is to assist clients in instituting appropriate policies and procedures to avoid disputes and comply with both state and federal law. 

Emily began her career as a field attorney...

415-248-2135
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