Written By: Jesus Munoz

Los Angeles County is set to implement a new Fair Chance Ordinance on September 3, 2024, which will significantly impact how employers conduct background checks and hiring processes. This ordinance expands upon existing state and city laws, placing stricter requirements on employers operating in unincorporated areas of the county.

Key Changes to Background Screening
To ensure compliance with the new ordinance, employers must be aware of the following key changes:

• Timing of Criminal History Inquiries: Employers can no longer inquire about criminal history until after extending a conditional job offer and providing the candidate with their criminal background check report.
• Job Postings: Job postings must now include a detailed list of job duties and a statement affirming that candidates with arrest or conviction records will be considered.
• Offer Letters: Employers are required to provide specific reasons for conducting a criminal history check and outline other information to be reviewed.
• Prohibited Criminal History Information: The ordinance expands on existing prohibitions to include convictions over seven years old, most infractions, and diversions/deferrals.
• Individualized Assessments: Employers must conduct written assessments of each candidate’s criminal history and allow opportunities for candidates to present additional information.
• Notice Requirements: Stricter deadlines and methods for providing pre-adverse and adverse action notices are now in place.
• Delays in Background Checks: Employers have limitations on withdrawing offers solely due to delays in receiving background check reports.
• Posting Requirements: Employers must post a notice of candidate rights at job sites and on their website.

Ensuring Compliance
To help employers navigate these complex changes, CRCA is committed to providing up-to-date information and resources. We recommend taking the following steps to ensure compliance:

• Review Your Background Screening Policies: Evaluate your current policies and procedures to identify areas that need to be updated to meet the new ordinance requirements.
• Update Your Applicant Tracking System (ATS): Modify your ATS to accommodate the new timeline for criminal history inquiries and other changes.
• Train Your Hiring Managers: Provide comprehensive training to hiring managers on the new ordinance and its implications for the hiring process.

CRCA is here to support you in navigating these changes. Contact us today to learn more about how we can help you comply with the Los Angeles County Fair Chance Ordinance.

Disclaimer: This blog post is intended to provide general information and does not constitute legal advice. Employers should consult with legal counsel to ensure compliance with all applicable laws.