New Fair Chance Law in LA: What You Need to Know

The New Fair Chance Law in LA represents a significant shift in employment practices within Los Angeles County. Set to take effect on September 3, 2024, the ordinance is designed to provide job applicants with criminal records a fairer opportunity in the hiring process.

These changes aim to reduce discrimination and foster more inclusive workplaces. Employers must immediately prepare for compliance to ensure a smooth transition when implementing laws. 

Understanding the Fair Chance Ordinance

The Fair Chance Ordinance in Los Angeles County is similar to the California Fair Chance Act, also known as Ban the Box legislation. Both laws promote fair hiring practices by making it easier for job applicants with criminal records to find employment. 

Key Features of the Ordinance

• No questions about criminal history before job offer: Employers cannot ask about an applicant’s criminal record until they have made a conditional job offer.
• Job postings must encourage applicants with criminal records: Employers must clearly state in their job postings that individuals with criminal records are welcome to apply. Such posts promote transparency and encourage a diverse group of applicants.

These measures aim to reduce discrimination and provide equal opportunities for all job seekers, aligning Los Angeles County’s regulations with broader state-level initiatives. 

Comparison With Ban the Box Laws in California

The new Fair Chance Ordinance in Los Angeles goes beyond California’s existing Ban the Box laws. Ban the Box prohibits employers from asking about criminal history on initial job applications. The new ordinance adds layers of protection for applicants.

While previous regulations applied to companies with 15 employees or more, it is now relevant for all those with more than five staff. If an employer plans to consider criminal history during the hiring process, the job posting must explicitly outline the job duties that could be impacted. It also mandates individualized assessments for each applicant, fostering a more equitable process. 

Additional Compliance Obligations for Employers:

Employers in LA County must adhere to several new compliance requirements under the ordinance:

• Written assessment: Before making a final employment decision, they must conduct a written assessment of any criminal record.
• Notification and dispute process: If an adverse action is taken based on the assessment, employers must notify the applicant and provide an opportunity to dispute.
• Record keeping: Employers must maintain relevant records for a specified period, ensuring transparency and accountability.

These additional steps underscore the importance of fair hiring practices while aligning with standards set by the California Civil Rights Division. 

Pros and Cons of the New Fair Chance Laws 

Advantages:

• Reducing discrimination in hiring: The new laws promote fair hiring practices by limiting the stigma attached to criminal records. This regulation helps individuals with a past to reintegrate into society, thereby supporting their rehabilitation.
• Diverse workforce: Encouraging applications from those with criminal histories can lead to a more diverse and inclusive workforce, enriching company culture and perspectives. 

Challenges:

• Compliance requirements: Employers may face difficulties adjusting to the new compliance obligations, including additional administrative tasks and ensuring all job postings are updated accordingly.
• Training needs: Extensive training for HR personnel to align hiring practices with the new laws may be required, which could incur time and financial costs. 

Impact on Hiring Practices in LA 

1. Enhanced compliance measures: Employers will need to update their recruitment processes regarding inquiries about criminal history.
2. Training & Policy Adjustments: HR teams will require training on the new ordinance to ensure fair assessment of all candidates.

Understanding the role of criminal history in employment decisions is critical. Employers must balance fair chance principles with maintaining a safe and productive workplace, involving:

• Conducting individualized assessments to determine whether a candidate’s criminal history directly impacts job performance or safety.
• Utilizing reliable background check services for accurate information while complying with the new laws.

Adapting to these changes ensures legal compliance and promotes an inclusive hiring environment, contributing to reduced recidivism and broader social benefits.

In conclusion, the Fair Chance Ordinance represents a significant shift in how employers approach hiring practices, especially concerning individuals with criminal records. Employers can ensure they align with the new regulations by implementing enhanced compliance measures, updating job postings, and providing training for HR teams.

Understanding the role of criminal history in employment decisions is crucial for balancing fair chance principles with workplace safety and productivity. Adapting to these changes ensures legal compliance and promotes social benefits such as reducing recidivism and providing broader opportunities for individuals seeking to reintegrate into society.