Los Angeles County will soon issue notices and model documents to comply with the County's comprehensive Fair Chance Ordinance | Littler

Starting Labor Day, employers with jobs in the unincorporated areas of Los Angeles County, including work-from-home and hybrid positions, must comply with the county's Fair Chance Hiring Ordinance. The ordinance, which imposes obligations that go far beyond existing federal and state law and extends to contract workers and freelancers, takes effect on Tuesday, September 3, 2024. It exacerbates the many and significant headaches employers already face related to criminal background checks in California.

Beginning September 3, 2024, the county's Department of Consumer and Business Affairs (DCBA) will publish the specific notices and sample documents required by the ordinance. The DCBA's website can be found here. Currently, the website contains a different entry not intended for use in connection with the Fair Hiring Quota ordinance and otherwise states that it is “under construction.”

Recommendations

Employers operating in, doing business with, or contracting with the County should, at a minimum, consider making necessary changes to when and how they ask about criminal history in the hiring process. They should also consider whether to use a more comprehensive (and privileged) assessment to strengthen compliance with federal, state, and local employment laws governing the use of an applicant's criminal history. The following suggested actions for employers with employees in the County and other jurisdictions with ban-the-box laws are as follows:

• Review and update application forms and related forms for improper inquiries regarding criminal history.
• Review and update job postings to ensure all required postings are included.
• Review and update the company’s websites for necessary additions regarding “Fair Chance Hiring.”
• Provide training for recruiters and other personnel involved in posting job openings.
• Train personnel who conduct interviews and make or influence hiring and personnel decisions to explain permissible criminal history inquiries and their use.
• Training of staff involved in requesting and assessing background reports;
• Review written and electronic communications regarding the recruitment process, including templates for conditional job offers and notices of advance rulings or adverse actions.
• Plan for the need to prepare additional documentation for individual assessment and data retention.
• Plan for delays in filling positions due to delays in receiving background reports. and
• Review the hiring and selection process to ensure compliance, including the timing of background checks, distribution of mandatory notices, and application of mandatory waiting periods.