By Jesus Munoz & Raymond Alvarado
It’s been over a year since the Los Angeles County Fair Chance Ordinance went into effect. As of this fall, active enforcement is here—meaning employers need to ensure their hiring practices are aligned.
Why this matters now:
- Enforcement agencies are shifting from education to penalties.
- Job postings must include compliant language.
- Hiring processes should account for “fair chance” requirements.
- Recordkeeping and documentation are key.
This is a critical moment for HR, Talent Acquisition, and Compliance leaders in LA County to revisit their hiring practices and confirm they’re aligned with the ordinance.
Here are the Key Changes to Background Screening as a result of the Los Angeles County Fair Chance Ordinance:
- 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.
At CRCA, we continue to follow these updates closely and help employers stay informed on industry compliance trends.
If you’re unsure how this enforcement may impact your hiring process, now’s the time to revisit your procedures.
Have you updated your job postings and hiring workflows since LA County’s ordinance went live?
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.
