City of Los Angeles Bans the Box and More

On November 30, 2016, the approved an ordinance that The mayor signed the ordinance on December 9, 2016, and

Employers who consider taking an adverse action against an applicant based on their criminal history after the conditional offer of employment must:

that links the specific aspects of the applicant’s criminal history with risks inherent in the duties of the employment position; and
which includes a written notification of the proposed adverse action, a copy of the written assessments performed, and any other information or documentation supporting the employer’s proposed adverse action.

Under the ordinance, “Fair Chance Process” means an opportunity for an applicant to provide to an employer (1) information regarding the accuracy of his/her criminal history report and (2) information the applicant would like considered in the employer’s assessment performed pursuant to Section 189.03, such as evidence of rehabilitation or other mitigating factors.

Section 189.04 In addition, at every workplace, job site, or other locations in the city under the employer’s control visited by applicants. Section 189.06

The employer is required by law to obtain information regarding a conviction of an applicant;
The applicant would be required to possess or use a firearm in the course of his or her employment;
An individual who has been convicted of a crime is prohibited by law from holding the position sought by the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated or judicially dismissed following probation; and
An employer is prohibited by law from hiring an applicant who has been convicted of a crime.

The Department of Public Works’ Bureau of Contract Administration is the designated administrative agency (DAA) charged with enforcing the ordinance. Employers violating the ordinance prior to July 1, will receive a written warning from the DAA. As of July 1, 2017, employers who fail to provide notice to applicants in their job advertisement, post the notice in a conspicuous place, or retain all records related to the applicant for three years will be fined up to $500 for each violation. For any other violation in the ordinance, the DAA may impose a fine up to $500 for the first violation, $1,000 for the second violation, and up to $2,000 for the third and subsequent violations.

http://clkrep.lacity.org/onlinedocs/2014/14-0746_ORD_184652_12-9-16.pdf

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